Detailed Answer

Short answer: in most cases under Wisconsin practice, assets that pass automatically to another person by right of survivorship (for example, joint bank accounts titled in the decedent and another person as joint tenants with right of survivorship, certain joint real estate titles, or assets with a named beneficiary or payable-on-death designation) are not part of the decedent’s probate estate and therefore are typically not required to be included as estate property on the probate inventory. However, you should identify and document those nonprobate transfers and follow any local probate filing or disclosure rules — and in some situations a personal representative or court may ask for information about nonprobate assets for accounting or creditor-notice purposes.

Why survivorship assets usually aren’t on the probate inventory

When an asset carries a right of survivorship, title passes automatically to the surviving owner at death. The property does not become part of the decedent’s probate estate because ownership already transfers by operation of law. Examples include:

• Bank accounts titled as joint tenants with right of survivorship (JTWROS).
• Real estate held as joint tenants or tenants by the entirety (if Wisconsin title indicates survivorship).
• Assets payable on death (POD) or transfer on death (TOD) where a beneficiary is named.
• Life insurance and retirement accounts that name a surviving beneficiary.

Because these assets pass outside of probate, the executor/personal representative generally does not list them as estate property to be distributed by the court. Instead, the surviving joint owner or beneficiary claims them directly from the account holder or institution.

When you do need to disclose or list survivorship assets

There are important caveats and practical reasons to document survivorship or beneficiary transfers:

• Creditor claims and estate administration: If someone opens formal probate administration or the court requires an inventory for creditor notice and accounting, the personal representative may need to disclose nonprobate transfers so creditors and the court understand the full financial picture of the decedent. Courts sometimes ask for a statement of assets that passed outside probate as part of the estate accounting.
• Disputes over title or survivorship: If the survivorship status is unclear (conflicting documents, ambiguous account titling, or deed language), the asset may effectively remain contested and could become part of the estate until resolved.
• Fidelity and bookkeeping: Even when not legally required on the inventory, listing nonprobate assets in estate records (or as an attachment to the inventory) helps transparency for heirs, beneficiaries, and the court.
• State or local practice: Some clerks and judges have local preferences about how much information to include in the inventory or in estate filings. Always confirm with the probate court clerk or local practice guides.

Practical steps to take in Wisconsin

1. Collect documentation. Obtain the decedent’s death certificate and gather account statements, deeds, beneficiary designations, and insurance or retirement paperwork.
2. Determine how each asset is titled. If an account or asset is jointly titled with survivorship wording or has a beneficiary/POD/TOD, it likely passed outside probate.
3. Contact institutions. Banks, brokerages, and title companies will explain what proof they require to transfer the account to the survivor (often a death certificate and an affidavit or survivorship form).
4. Check for contested or ambiguous items. If ownership or beneficiary designations are disputed or absent, the asset may become part of the probate estate and should be included in the inventory until resolved.
5. Ask the probate clerk. Court clerks can advise on local filing expectations: whether you must list nonprobate transfers on the inventory or instead provide a separate statement.
6. Keep records. Even when not listed on the court inventory, record nonprobate transfers in your estate files and provide a summary to heirs and the personal representative’s accounting.

Relevant Wisconsin resources

Wisconsin court and administrative guidance explain probate procedures and forms. For general probate information and forms, see the Wisconsin Courts self-help pages and probate forms: https://www.wicourts.gov/. For state statutes and to search specific probate-related statutory language, use the Wisconsin Legislature statutes site: https://docs.legis.wisconsin.gov/statutes. If you are preparing an estate inventory or administration filing, check with the circuit court clerk in the county where the estate is being administered for local instructions and required forms.

When to consult an attorney

Consult a Wisconsin probate attorney if:

• There are disputes about whether an account was properly titled or whether a beneficiary designation is valid.
• You think assets were transferred improperly before death.
• Creditors, taxes, or complex property issues (business interests, out-of-state real estate, or trusts) are involved.

An attorney can advise whether a particular asset must be inventoried in the probate proceeding, help prepare required filings, and represent the estate in disputes.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It is not a substitute for consulting a licensed attorney in Wisconsin about your specific situation.

Helpful Hints

• Do an asset title audit: Make a list of each asset and its exact title (sole name, joint tenants with survivorship, beneficiary designation).
• Get multiple certified death certificates: institutions typically require originals or certified copies to change title or pay out benefits.
• Don’t assume informal language creates survivorship: the exact wording on deeds and account forms matters.
• When in doubt, disclose: providing a short attachment to the inventory that lists nonprobate items and how they passed can prevent later disputes.
• Keep clear records for heirs and creditors: even nonprobate transfers affect the practical distribution of family assets and may affect estate taxes or creditor rights.
• Ask the local probate clerk about a standard inventory form and whether the court prefers a separate “nonprobate assets” statement.