Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
Probate cases in Wisconsin are public records. Under Wis. Stat. § 851.11 (https://docs.legis.wisconsin.gov/statutes/statutes/851/I/11), probate begins when someone files a petition with the county probate court. You can verify whether a probate estate exists by following these steps:
- Use the Wisconsin Circuit Court Access (WCCA): Visit wcca.wicourts.gov. Select “Search Records,” choose “Probate” as the case type, then enter the decedent’s name and county. The system displays both pending and closed estates.
- Contact the County Clerk of Courts: If online records are incomplete or out of date, call or visit the clerk’s office in the county where the decedent last resided. Provide the decedent’s full legal name and date of death. The clerk can confirm whether a probate petition has been filed.
- Check Local Legal Notices: Wisconsin law requires notice to creditors in probate proceedings under Wis. Stat. § 851.12 (https://docs.legis.wisconsin.gov/statutes/statutes/851/I/12). Newspapers often publish these notices. Search archives of local papers or their websites for the decedent’s name.
- Request Case Documents: Once you locate a case number, request or download filings such as the petition, letters testamentary, or order appointing a personal representative. These documents confirm the estate’s opening and status.
Helpful Hints
- Double-check spelling and try common name variations (e.g., middle initials).
- Search by the decedent’s last county of residence at death.
- Some counties charge a small fee for certified copies or detailed record searches.
- If the decedent owned property in multiple counties, search each county’s probate records.
- Consider hiring an attorney if the estate involves complex assets or disputes.