Disclaimer: This article does not provide legal advice and is for informational purposes only. Always consult a qualified Wisconsin attorney for guidance on your specific situation.
Detailed Answer
Under Wisconsin law, banks will not freeze or secure a decedent’s accounts without clear proof of authority. When co-heirs refuse to cooperate, follow these steps to establish and present the required documentation.
1. Obtain Certified Death Certificates
Order at least two certified copies of the death certificate from the Wisconsin Department of Health Services or the local register of deeds. Banks require an official death certificate to verify the decedent’s passing before taking any action.
2. Open Formal Probate and Secure Letters of Administration or Letters Testamentary
File a petition for probate in the circuit court of the county where the decedent lived under Wis. Stat. § 867.03. Whether there is a will determines the type of letters issued:
- Letters Testamentary: Issued if there is a valid will naming an executor.
- Letters of Administration: Issued when there is no will or no executor named.
After appointment, the court clerk issues certified letters. Present these letters to the bank to instruct them to freeze or secure the accounts in the estate’s name.
Statute: Wis. Stat. § 867.03
3. Use a Small Estate Affidavit (If Eligible)
If the decedent’s total personal property (excluding liens and encumbrances) is under $50,000, you may file an Affidavit for Collection of Personal Property instead of full probate. Under Wis. Stat. § 867.02, record the affidavit in probate and present it with the death certificate to the bank. Note that some banks insist on probate letters rather than the affidavit.
Statute: Wis. Stat. § 867.02
4. Petition for a Court Order to Freeze Assets (Exceptional Situations)
If you suspect co-heirs of misusing or draining funds, you can ask the court for a temporary restraining order (TRO) or preliminary injunction under Wis. Stat. § 813.02 and § 813.025. You must show a likelihood of irreparable harm to estate assets to secure such an order. Once granted, present the court order to the bank to freeze the account immediately.
Statutes: Wis. Stat. § 813.02, Wis. Stat. § 813.025
5. Meet Additional Bank Requirements
- Bank-specific indemnity or affidavit forms
- Signature cards for the appointed personal representative
- Court-ordered bond or surety, if mandated
- Certified copy of the will (if there is one)
Helpful Hints
- Consult a probate attorney early to review local court practices.
- Keep multiple certified death certificates on hand; banks may keep one copy.
- Review the will before filing to confirm named executors or beneficiaries.
- Document all communications with co-heirs and banks in writing.
- If a bank refuses to act, consider asking the court to interplead under Wis. Stat. § 859.16.