Detailed Answer
1. Appointment and Duties of the Personal Representative
When someone dies in Wisconsin, the court appoints a personal representative (PR) to manage the estate. Under Wisc. Stat. § 857.01, the PR must inventory assets, secure property, and oversee administration.
2. Notice to Creditors and Claim Filing Period
The PR must notify known creditors by mail and publish a notice in a local newspaper. Creditors then have four months from the first publication or two months from mailing—whichever is later—to file claims. See Wisc. Stat. § 854.05.
3. Reviewing and Resolving Claims
The PR reviews each claim to confirm its validity. Valid claims become debts of the estate. The PR may object to improper claims, and creditors may petition the court if the PR rejects their claim.
4. Priority of Payments
Wisconsin law sets a payment order: first administrative expenses (including PR fees and court costs), then funeral expenses, taxes, and other valid creditor claims. The PR must follow these priority rules before distributing any assets. See Wisc. Stat. § 859.01.
5. Final Accounting and Distribution
Once debts and expenses are paid, the PR prepares a final accounting. The PR serves notice of proposed distribution to heirs and beneficiaries under Wisc. Stat. § 859.02. After court approval, the PR distributes the remaining assets.
Helpful Hints
- Work with a qualified probate attorney to navigate deadlines and court filings.
- Keep detailed records of notices, claims received, and payments made.
- Verify claim deadlines to avoid missing the filing period.
- Ensure the PR files a final report and obtains court discharge before distribution.
- Communicate clearly with heirs about the administration timeline.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney in Wisconsin for guidance on your specific situation.