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In Wisconsin, probate is a legal process that starts after the death of a decedent. It sorts out their assets, validates their will, pays off debts, and divides the remaining assets among the beneficiaries. Sometimes, the probate rules are simple, often allowing small estates to be resolved with little hearing in court.

How the Probate Process Works in Wisconsin

In Wisconsin, this probate process may be initiated by anyone through a petition in the Register in Probate Office in the county where the deceased person resided. The court reviews the will and petition and appoints a personal representative, either as an executor or an administrator.

The probate process in Wisconsin involves several steps, which are listed as follows:

An interested party files a petition and will with the appropriate Probate Court.
The court appoints an executor for the will or an administrator in the case where there is no will.
Notifying all heirs and creditors about the notice of the probate proceedings.
Taking inventory of the decedent’s assets.
The personal representative pays all debts and taxes to the appropriate authorities.
The remaining assets are distributed to the beneficiaries.

During the probate process, proceedings may last between six months and one year, depending on the complexity of the probate matters.

What Are the Costs of Probate in Wisconsin?

Per Section 814.66 of the Wisconsin Statutes, the probate costs in Wisconsin depend on the county of the deceased and the estate's complexity. Typical expenses include:

Filing Fees: It starts at $20, increasing by an additional $3 for each $1,000 of estate value.
Publication Fees: These typically cost $150 for notifying creditors or beneficiaries.
Executor Fees: These fees cost around 2% of the total value of the estate.
Attorney Fees: The attorney fees are negotiable and generally depend on the complexity of the probate matter.
Other Costs: Expenses from publication, appraisals, certified copies, and accounting are added to the total cost..

Types of Probate Cases in Wisconsin

Testate Probate: A situation where a decedent left a valid will to divide their assets.
Intestate Probate: The state intestacy laws guide the transfer of the decedent’s assets where there is no will.
Informal Administration: A process of transferring a decedent’s estate without supervision by the court.
Summary Settlement: A situation where the deceased person left an estate (valued below $50,000) for their spouse and minors.
Summary Assignment: Although the value of the estate is less than $50,000, the conditions for summary settlement are not met.
Formal Probate: This type of probate process is overseen by a Judge, and it involves a hearing at the court.