Probate Administration in Wisconsin

Probate administration, transfer of property after death in WI.

Probate is the process that transfers a decedent’s property to the persons entitled to receive it, pays creditor’s claims, and determines and pays any state or federal taxes. If a person dies intestate (without a will), the court will appoint a personal representative. If a person dies with a will, the will names a personal representative who is responsible for overseeing the probate of an estate. A personal representative may be a family member, friend, business associate, financial institution, or trust company. The personal representative’s main duties are to:

  • Identify and collect the decedent’s assets.
  • Manage the assets during the probate process.
  • Determine the surviving spouse’s rights under the state marital property law.
  • Pay debts, claims, taxes, and probate administrative expenses.
  • Distribute the remaining assets to the beneficiaries named in the will.

The Probate Process Takes Time

The probate process usually takes somewhere between a few months to a one and a half years (depending on the designations and size of the estate), but can take even longer for a large or contested estate. The time needed for probate depends on factors such as the size of the estate, type of assets owned, form of ownership, tax issues, etc. Wisconsin law requires that an estate be closed within 18 months, unless a court grants an extension.

The death of a loved one can be a difficult time for families and navigating court rules and forms for distributing assets can be confusing. Our probate attorneys can assist you with all aspects of estate administration, from small summary procedures and typical informal probates to complex trust distributions, allowing families to focus on each other and more important matters.

Contact Us for a Consultation With One of Our Probate Lawyers

Our estate law attorneys can provide legal guidance through the probate process to executors and personal representatives to assist them in fulfilling their fiduciary duties. For a consultation with one of our probate attorneys at Doar, Drill & Skow, call 877-362-7529 toll free or contact us online. Located in New Richmond, we serve clients throughout western Wisconsin.