Detailed Answer
When a person dies without leaving a will (intestate) in Wisconsin, the court appoints an administrator to manage the decedent’s estate. Letters of administration serve as official proof of appointment. Under Wisconsin’s Probate Code (Wis. Stat. ch. 859), you must file specific documents with the circuit court in the county where the decedent lived or owned property.
Core Documents You Must File
- Petition for Letters of Administration. Complete Circuit Court Form PR-1600. This petition identifies the decedent, the petitioner, and potential heirs. Download it at https://www.wicourts.gov/forms1/circuit/PR-1600.docx.
- Certified Death Certificate. Provide a certified copy from the Wisconsin Vital Records Office.
- Affidavit or Statement of Heirs. List all statutory heirs, including names, addresses, and relationships. See Wis. Stat. §859.02 (https://docs.legis.wisconsin.gov/statutes/statutes/859/02).
- Renunciation or Consent Forms. If other heirs consent to or renounce their right to administer, they must sign Circuit Court Form PR-1612: https://www.wicourts.gov/forms1/circuit/PR-1612.docx.
- Proof of Notice. Mail a copy of the petition to all heirs and known creditors, then file proof of service with the court.
- Probate Bond (if required). The court may require a bond under Wis. Stat. §859.08(4) (https://docs.legis.wisconsin.gov/statutes/statutes/859/08).
- Administrator’s Oath. Swear an oath of office using Circuit Court Form PR-1610: https://www.wicourts.gov/forms1/circuit/PR-1610.docx.
- Filing Fee. Pay the fee set by the county circuit court. Fee amounts vary by county.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a licensed Wisconsin attorney to address your specific probate needs.
Helpful Hints
- Contact the probate clerk’s office early to confirm the fee and local requirements.
- Double-check that names and addresses match across all documents.
- Obtain original certified copies of vital records before filing.
- Provide clear proof of notice to avoid delays in scheduling hearings.
- Consider consulting a probate paralegal or attorney if the estate holds real estate, business interests, or complex investments.