Detailed Answer
Disclaimer: This article is for educational purposes and does not constitute legal advice.
1. Overview of Wisconsin Probate Creditor Notice Requirements
When someone dies in Wisconsin, the personal representative must notify the decedent’s creditors, including medical debt collectors. Wisconsin law requires both publication and mailing of notice within specific deadlines. See Wis. Stat. §859.01 for definitions and general requirements.
2. Notice by Publication
The personal representative must publish a notice to creditors in a newspaper of general circulation in the county where the probate is filed. The notice must run once a week for two consecutive weeks within one month after appointment. It must state the decedent’s name, date of death, representative’s name and address, attorney’s address, and a warning that claims may be barred. See Wis. Stat. §859.05.
3. Notice by Mail to Known Creditors
Within two months of appointment, the personal representative must mail a copy of the notice to each known creditor’s last-known address. The mailed notice must include the same information as the publication notice. See Wis. Stat. §859.06. Known creditors then have four months from receipt of the mailed notice to file a claim.
4. Deadline for Filing Claims
All creditors must present their claims within four months from the date of first publication of the notice. See Wis. Stat. §863.03. If a known creditor receives a mailed notice, the four-month period starts from the date of receipt. Claims filed after these deadlines may be barred.
5. Proof of Notice
The personal representative must file proof of publication and proof of mailing with the probate court. See Wis. Stat. §859.15. This completes the official notice process.
Helpful Hints
- Begin notice publication promptly after appointment to meet deadlines.
- Keep an updated list of all known creditors and their last-known addresses.
- Use certified mail and retain receipts for mailed notices.
- Save tear sheets or affidavits from the newspaper showing publication dates.
- Review Wis. Stat. §§859.01–859.15 and 863.03 early in the process.