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.
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