What Information and Documents Should Be Gathered Before the Decedent’s Passing in Wisconsin to Streamline Probate?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

Preparing key information and documents before a loved one’s death can significantly reduce delays and costs during Wisconsin probate. The probate process begins when someone files a petition with the county court. Gathering materials in advance helps the personal representative (also known as the executor) meet statutory requirements under Wisconsin law.

1. Personal Identifiers and Vital Records

  • Certified death certificates: At least multiple originals for banks, insurers, and government agencies.
  • Social Security number and birth certificate: To notify the Social Security Administration and close accounts.
  • Marriage certificates or divorce decrees: To establish spousal rights or previous obligations.

2. Estate Planning Documents

  • Last will and testament: Specifies asset distribution and appoints a personal representative (Wis. Stat. § 867.01).
  • Revocable living trust: If applicable, to bypass probate for trust assets.
  • Durable power of attorney and advance healthcare directive: For end-of-life decisions.

3. Financial Account Information

  • Bank and investment account statements: Including account numbers and contact details for institutions.
  • Retirement plan documents: 401(k), IRA statements, pension information.
  • Life insurance policies and annuities: Policy numbers and beneficiary designations.

4. Real Estate and Tangible Assets

  • Property deeds and mortgage statements: Legal descriptions and payoff amounts.
  • Vehicle titles: Cars, boats, or recreational vehicles.
  • Valuable personal property lists: Jewelry, collectibles, and appraisals.

5. Debts and Liabilities

  • Credit card statements and loan agreements: For mortgages, auto loans, and personal debts.
  • Utility bills and subscription services: To avoid ongoing charges.

6. Tax Records

  • Recent federal and state income tax returns: At least three years of filings.
  • Property tax statements: For all real estate holdings.

How These Documents Streamline Probate

Having organized documents lets the personal representative file a complete probate petition. Under Wis. Stat. § 859.01, a detailed petition with asset schedules prevents requests for additional information. After appointment per Wis. Stat. § 867.02, the representative can quickly collect, value, and distribute assets.

Helpful Hints

  • Create a central digital folder or binder for all estate documents.
  • Inform family members or the designated representative of document locations and passwords.
  • Review and update beneficiary designations on retirement accounts and insurance policies regularly.
  • Keep originals of wills and trust documents with the attorney or in a safe deposit box with access instructions.
  • Obtain professional valuations for unique or high-value assets before death to reduce appraisal delays.
  • Consult with an estate planning attorney to confirm all documents meet Wisconsin legal requirements and reflect current wishes.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.