What steps are needed to include real property into the estate successfully in Wisconsin?

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

Under Wisconsin law, including real property in a decedent’s probate estate involves several key steps. You must gather title documents, open probate, inventory the property, and finally transfer title to beneficiaries or heirs. Below is a breakdown of each step.

1. Identify and Confirm Ownership

• Locate the property deed in the decedent’s name.
• Check whether the property passes by non-probate means (joint tenancy, tenancy by the entirety, or a Transfer-on-Death Deed under Wis. Stat. §705.10: https://docs.legis.wisconsin.gov/statutes/statutes/705/10).

2. Open Probate and Appoint a Personal Representative

• File a petition for probate in the county where the decedent lived. See Wis. Stat. §859.02 for petition requirements: https://docs.legis.wisconsin.gov/statutes/statutes/859/02.
• Publish notice and notify heirs and creditors (Wis. Stat. §859.03).
• The court issues Letters of Administration or Letters Testamentary to the personal representative (Wis. Stat. §859.21: https://docs.legis.wisconsin.gov/statutes/statutes/859/21).

3. Inventory and Appraise Real Property

• Within 60 days of appointment, file a complete inventory listing all estate assets, including real property (Wis. Stat. §867.09: https://docs.legis.wisconsin.gov/statutes/statutes/867/09).
• Obtain a professional appraisal to establish fair market value for tax and distribution purposes.

4. Settle Liens and Mortgage Obligations

• Review the title for encumbrances such as mortgages, liens, or special assessments.
• Use estate funds or beneficiary contributions to pay off or refinance outstanding obligations before transfer.

5. Transfer Title to Beneficiaries or Heirs

• Prepare a new deed (e.g., executor’s deed) transferring the property from the estate to the named beneficiaries.
• Obtain court approval of the final distribution plan if required (Wis. Stat. §859.34).
• File the new deed with the county register of deeds to record the transfer.

6. Close the Estate

• File a petition for discharge of the personal representative after all assets are distributed and debts are paid (Wis. Stat. §859.34: https://docs.legis.wisconsin.gov/statutes/statutes/859/34).
• Obtain court order discharging the representative and closing the probate case.

Helpful Hints

• Verify whether a Transfer-on-Death Deed already avoids probate (Wis. Stat. §705.10).
• Keep copies of all filings and correspondence with the court.
• Monitor filing deadlines closely—late inventories can incur penalties.
• Check local county requirements for deed formatting and recording fees.
• Retain a title company or real estate attorney to clear any title issues.
• Communicate with beneficiaries about timelines and potential delays.