Detailed Answer
When a person dies and no probate case exists, you must open an estate proceeding in the county where the decedent lived at death. Wisconsin law offers two routes depending on the size and complexity of the estate.
- Determine the Type of Administration
• Small Estate Summary: If the decedent’s personal property (excluding vehicles and certain tax-qualified accounts) totals $50,000 or less, you can use a simplified affidavit process under Wis. Stat. 859.045. Real estate with a fair market value of $100,000 or less may qualify for a separate affidavit under Wis. Stat. 859.09.
• Formal Probate: If the estate exceeds those limits or includes complex assets (business interests, out-of-state real estate, pending litigation), you must file a formal Petition for Probate under Wis. Stat. 857.02. - Gather Required Documents
• Certified death certificate.
• Asset inventory and estimated values.
• Original will, if one exists.
• Names, addresses, and relationships of heirs or beneficiaries. - Small Estate Affidavit Process (if eligible)
1. Complete the Affidavit for Collection of Personal Property (Form PR-171) per Wis. Stat. 859.045 (link).
2. For real estate under $100,000, complete the Affidavit for Collection of Real Estate (Form PR-172) per Wis. Stat. 859.09 (link).
3. File the affidavit(s) and death certificate with the circuit court clerk; no court hearing is required. - Formal Probate Petition (if small estate limits are exceeded)
1. Prepare and file a Petition for Appointment of Personal Representative (Form PR-140) under Wis. Stat. 857.02 (link).
2. Submit the original will (if any), death certificate, and a proposed order.
3. Pay the filing fee (varies by county).
4. Serve notice on heirs, beneficiaries, and creditors as required by Wis. Stat. 859.05 (link). - Court Hearing and Appointment
• Attend the hearing scheduled by the court.
• The judge will issue Letters of Authority (Letters of Administration or Letters Testamentary) under Wis. Stat. 857.08 (link), appointing the personal representative to act on behalf of the estate. - Post-Appointment Requirements
• Publish notice to creditors in a local newspaper within four months of appointment (Wis. Stat. 859.05).
• Mail individual notices to known creditors.
• File an inventory of estate assets and, later, a final accounting before closing the estate.
Disclaimer: This is general information only and not legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Confirm small estate thresholds before choosing the affidavit process.
- Use court-approved forms available on the Wisconsin Courts website.
- Serve and publish notices promptly to protect against creditor claims.
- Maintain clear records of filings, notices, and communications.
- Seek legal counsel if the estate holds business interests or contested assets.