Disclaimer: This article is intended for educational purposes only and does not constitute legal advice. Consult a qualified Wisconsin probate attorney to address your specific situation.
Detailed Answer
When a decedent’s assets span multiple Wisconsin counties—or even other states—you must coordinate probate or ancillary administration in each relevant jurisdiction. Wisconsin law provides clear procedures to streamline this process:
- Select the primary venue: Under Wis. Stat. § 867.02, you may open full estate administration in the county where the decedent resided at death or where a major asset (for example, real estate) is located. If all assets are within Wisconsin and the estate qualifies for summary administration (estate value below statutory threshold), you may use that simplified procedure under Wis. Stat. § 861.301.
- Inventory all assets by location: Prepare a detailed list of real property, bank accounts, securities, personal items and business interests, indicating the county (or state) in which each sits. Accurate categorization avoids delays or missing notices.
- Open probate or summary administration in the primary county: File the petition, certified death certificate and original will (if any) in the courthouse. The appointed personal representative obtains Letters Testamentary (full probate) or Letters of Authority (summary administration).
- Ancillary administration for out-of-county real estate: If the decedent owned Wisconsin real estate in a different county than the primary venue, file an ancillary probate under Wis. Stat. § 863.21 to obtain authority to convey that property. When assets lie outside Wisconsin, pursue ancillary administration in those states per their probate codes.
- Serve notices and comply with local requirements: Wisconsin law requires personal notice to heirs and creditors (Wis. Stat. §§ 867.04, 867.05). In other jurisdictions, follow analogous notice rules. Missing a deadline can expose the estate to creditor claims or litigation.
- Coordinate asset distribution: Once assets are collected and debts resolved in each venue, the personal representative may transfer net proceeds to the primary estate account. Then, comply with the will or intestacy rules to distribute assets to beneficiaries.
- File final accounting and petitions for discharge: In each jurisdiction where you served as representative, submit an accounting and petition for discharge or closing order. Only after the court approves can you distribute remaining assets and conclude administration.
By following these steps and consulting Wis. Stat. chs. 861–869, you ensure that each county or state court recognizes your authority and that you meet all notice, inventory and distribution requirements.
Helpful Hints
- Maintain a centralized asset tracker listing location, value and probate status.
- Consult each county clerk of court to confirm local filing fees and forms.
- Use certified copies of Letters to avoid requiring the original in every jurisdiction.
- Watch summary administration thresholds: Wis. Stat. § 861.301 limits eligibility to smaller estates.
- Consider bond requirements—some counties waive personal representative bonds under certain conditions.
- Coordinate timelines: hearings in one county may affect deadlines elsewhere.
- Keep beneficiaries informed of progress in each jurisdiction to reduce disputes.
Relevant Statutes: Wis. Stat. § 867.02 (Venue for probate): https://docs.legis.wisconsin.gov/statutes/statutes/867/02 | Wis. Stat. § 863.21 (Ancillary administration in Wisconsin): https://docs.legis.wisconsin.gov/statutes/statutes/863/21 | Wis. Stat. § 861.301 (Summary administration): https://docs.legis.wisconsin.gov/statutes/statutes/861/301