Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
Estate Administration in Wisconsin: Circuit Court and Register in Probate
In Wisconsin, estate administration matters—commonly called probate—are handled by the circuit court in the county where the decedent lived at the time of death. Each county circuit court has a Register in Probate or probate division within the clerk of circuit court’s office. You file petitions, inventories, creditor claims, and final accountings with this office.
The main statutes governing probate include Wis. Stat. 7 859.005, which outlines when formal administration is required, and Wis. Stat. ch. 851, which provides a simplified affidavit procedure for small estates. Read the statute on the Wisconsin Legislature website: https://docs.legis.wisconsin.gov/statutes/statutes/859/005.
To locate the correct office, visit the Wisconsin Court System directory at https://www.wicourts.gov/courts/ca/location/index.htm and select the county circuit court. Contact the clerk of circuit court or Register in Probate for filing requirements and fee schedules.
Unclaimed Property Claims in Wisconsin: Department of Revenue
Unclaimed property—assets such as forgotten bank accounts, uncashed checks, or dormant safe deposit contents—is not administered by county offices. Wisconsin’s Unclaimed Property Program is administered by the Department of Revenue (DOR). You search for and claim property through the DOR’s Unclaimed Property Division.
The governing law is Wis. Stat. ch. 177. You can review the full chapter here: https://docs.legis.wisconsin.gov/statutes/statutes/177. To search the unclaimed property database and file a claim, go to the DOR website: https://www.revenue.wi.gov/Pages/Unclaimed/default.aspx.
Helpful Hints
- Confirm the decedent’s county of residence at death before contacting the circuit court.
- Ask the Register in Probate for local forms, fee schedules, and filing deadlines.
- If the estate qualifies as a small estate, consider the affidavit procedure under Wis. Stat. ch. 851 to avoid full probate.
- Search Wisconsin’s unclaimed property database online before hiring a firm to locate assets.
- Gather proof of ownership (such as account numbers or statements) to support your unclaimed property claim.
- Keep copies of all filings, proofs, and correspondence with the court or DOR.