Short answer

Act quickly. Preserve evidence and asset titles. Consider probate-avoidance tools (trusts, beneficiary designations, payable-on-death accounts) and defensive estate provisions (clear execution, no-contest clauses where appropriate). If a contest is filed, hire a probate attorney immediately to file responsive pleadings and seek protective relief. This page explains key steps and Wisconsin legal context so you can make informed choices.

Detailed answer — practical steps and legal background under Wisconsin law

1. Understand how the asset is owned

Who is named as owner or beneficiary matters more than the will for many assets. Payable-on-death (POD), transfer-on-death (TOD), retirement account beneficiaries, life insurance proceeds, and property owned in joint tenancy generally pass outside probate to the named beneficiary or surviving joint owner. Review the title or beneficiary designation on each account immediately.

2. Use probate-avoidance tools where appropriate

Assets placed into a properly funded revocable living trust, or granted beneficiary designations, typically do not go through probate. That reduces public exposure and makes contests more complicated for someone who wants to change distribution. A trust must be drafted and funded correctly by an attorney to be effective.

3. Make sure estate documents are valid and clearly executed

Wills and other testamentary documents must meet Wisconsin’s formal execution requirements. Improper execution or ambiguity creates openings for contests. For statutory guidance about execution and revocation of wills, see Wisconsin Statutes chapter on wills: Wis. Stat. ch. 853. Keep original signed documents in a safe place and keep an accessible copy for your personal records.

4. Preserve evidence of the decedent’s intent and capacity

If you expect a contest, collect documents and evidence while people’s memories are fresh. Useful items include:

• Original signed will and codicils
• Witness contact information and statements
• Copies of medical records showing mental capacity
• Communications (emails, letters, text messages) where the decedent expressed their intent
• Documents showing that the decedent understood and approved transfers or trust funding

5. Consider defensive clauses and planning techniques

No-contest (in terrorem) clauses can discourage frivolous challenges. Wisconsin courts may enforce such clauses in many circumstances, though a contest made with reasonable cause can still be permitted. Because enforcement depends on the facts and case law, discuss any no-contest language with an estate attorney when drafting documents.

6. If a contest is filed, respond quickly and follow court procedure

When someone files a will contest in probate court, strict procedural rules and deadlines apply. The personal representative (executor) must respond, inventory the estate, and protect estate assets. Beneficiaries who receive notice should consult counsel immediately. An attorney can:

• File timely responses and motions
• Seek temporary orders to preserve assets
• Evaluate the strength of the contest (undue influence, lack of capacity, improper execution, fraud)
• Negotiate settlements or pursue litigation as needed

7. Use mediation and settlement when appropriate

Contested probate litigation can be long and costly. Courts often encourage mediation. A mediated settlement can preserve more of the estate’s value and resolve family disputes more quickly than a trial.

8. Protect specific high-risk assets

Consider these targeted actions:

• Move easily transferable cash into accounts with clear beneficiary designations or trusts.
• Titling real estate in a trust when appropriate (after checking tax and creditor consequences).
• Confirm beneficiary designations on retirement plans and life insurance to avoid unintended heirs.

9. Don’t make impulsive transfers after the decedent’s death

Transferring or spending estate assets in reaction to a family fight can create new legal problems, including conversion claims. Let the personal representative follow probate procedures and consult counsel before moving property.

10. Understand practical limits — and act quickly

Wisconsin law provides formal processes and timeframes for probate and contests. Deadlines and court rules are strict. If you think a contest is possible, consult a probate attorney as soon as you learn of the decedent’s death or of a threatened challenge.

Hypothetical example

Emma is named in her father’s will to receive the family cottage. The cottage title is in her father’s sole name and no beneficiary was listed. After his death, a sibling says the will was not the father’s final intent and files a contest. Emma immediately contacts an attorney, obtains the original signed will and witness statements, secures the cottage (locks changed, key inventory), and works with the personal representative to show the will was validly executed. Because Emma preserved evidence and acted promptly, she and the representative were able to defend the will, and the parties later resolved remaining issues through mediation — avoiding a lengthy trial.

Helpful hints

• Get certified copies of the will and death certificate from the register in probate.
• Immediately inventory estate assets and get court supervision when required.
• Keep originals of signed estate documents in a secure place; give your lawyer a copy.
• Do not delete or alter communications that may be relevant to the decedent’s intent.
• Discuss trust-based planning if privacy or contest risk is a concern.
• Consider a probate attorney experienced in contested matters; early counsel often saves estate value.
• Remember: beneficiary designations usually override wills. Check retirement plans and life insurance.