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My Wisconsin Probate FAQs

What is Probate?
Probate administration is the legal process by which assets from a deceased individual are distributed among beneficiaries. Probate is administered by the probate court of the Circuit Court of Wisconsin.
What is an informal probate?
Informal probate is the administration of a deceased person’s estate which is supervised by the probate registrar. In an uncontested informal probate you will not need to appear in court.
What is a formal probate?
Formal probate can occur if the deceased person died without a will and the heirs do not consent in writing to informal probate administration, or if the decedent's Last Will and Testament states that formal probate is required. Also, there may be a formal administration when a minor person is inheriting or when someone contests the probate.
If the total value of an estate is under $50,000.00 does it have to be probated?
In Wisconsin, if a deceased person leaves less than fifty thousand dollars ($50,000.00) in total assets titled only in their name, there is a process to transfer the decedent’s assets to an heir without probate.
If the total value of the estate is over $50,000.00 does it have to be probated?
In Wisconsin, if a deceased person leaves more than fifty thousand dollars ($50,000.00) in assets titled only in their name without beneficiary designations, it is likely that a probate case will need to be opened.
What is a flat rate, uncontested informal probate?
A flat rate, uncontested, informal probate is a probate where the beneficiaries get along and there are no objections, the assets are known and available for distribution, and the heirs agree on who will be appointed as the Personal Representative. Flat rate means you will be charged a one time legal fee (so as long there are no complications as defined in the agreement), instead of the more common practice of being charged hourly fees for every minute worked on the probate.
  • Every single person who works here is topnotch. Death and grief are convoluted and HARD but working with Julia, Carl, and Bryce will help ease some of that burden. I am a person who wants to know and understand every part of the process. They will help you with whatever you want to know and will also provide peace of mind when there is something that's just outside your own realm of knowledge. Highly recommend!
    Erika Behling
  • Carl was amazing during my meeting. Explained things well and went through everything thoroughly. The staff helped make the experience smooth and delightful. 10 out of 10 recommend!
    Amy Vos
  • If you want ease in life's planning, Bryce, Carl, are two lawyers that make me feel like "family"
    Dave Dienethal
  • The lead attorney spent many years teaching before moving to opening an office. Not only did he answer every question I had, he gives you the reasons for doing that. I would recommend them 100 percent!
    Glenn Klein
  • Very helpful and they carefully listen to your needs. They give very informative choices and recommendations. The fees are reasonable. They follow through in a very timely manor. I fully recommend them.
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