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Probate or probate administration is the legal process required when someone passes away leaving behind assets such as bank accounts, real estate, or investments.
The exact process details of probate differ from state to state based on the relevant laws and statutes. The probate process is also impacted by any estate planning that was done in advance. In Wisconsin, the majority of estates go through probate.
Probate is a court-supervised process in Wisconsin that transfers a deceased person’s assets to their rightful heirs. Wisconsin requires probate if the estate contains probatable property worth $50,000 or more. However, there are some things that exempt a person’s estate from probate such as estates administered by a trust.
After a person passes away, probate is the process of transferring the ownership of their assets to their heirs or beneficiaries.
If the size of an estate is $50,000 or more, the probate process triggers automatically. Some of the key factors that impact the complexity of probate include:
The executor’s role is to take care of the financial aspects of the estate. The will designates the executor, usually a family member or close friend. In Wisconsin, the executor is often called the personal representative. First, they find and oversee all the assets of the now deceased person. Part of their role is also to estimate the value of the estate or secure appraisals when necessary.
Once the estate is accurately valued, any creditor claims will be paid, settled, or dismissed. Then the executor can file the final personal income tax returns and/or an estate return if property is sold from the estate for more than $600. If there are estate taxes to be paid they will also be done so here. As of 2025, Wisconsin has no estate tax and the federal estate tax only comes into play when the sum of the estate is worth more than $13.6 million per individual.
Once these steps are accounted for, then the executor can distribute what is left to the beneficiaries.
If the property solely owned by the person who passed is less than $50,000, then the estate does not need to enter probate. In this case, all that is required is a transfer by affidavit form.
Other things that are exempt from probate include:
In Wisconsin, to begin the probate legal process, an interested party files a petition with the probate court to open the estate. The basic steps of the probate process are as follows:
The will greatly impacts the probate process. If someone dies without a valid will, the process is not necessarily more complicated, but the process follows different rules.
If the estate is greater than $50,000 in total, you have to go through probate even if you have a will. The role of a will in probate is to nominate an executor and to instruct how your assets are distributed.
Probate court will first ensure the will is valid, then the executor can fulfill their obligations. The executor will find all assets, pay off any valid creditors, file the deceased person’s final taxes, then distribute the assets to the beneficiaries.
When someone dies without a will, it is called intestate. When this happens, the distribution of assets follows the default laws outlining of intestate succession.
Spouses and children are first to receive the estate. Whether it is split or one party receives the whole estate depends on the specifics of your situation. But if there are neither a spouse nor children, the court will then move to grandchildren, parents, siblings and other relatives. If no relatives are found after extensive searching, the assets will go to the state.
Most probate cases in Wisconsin go through informal probate. Informal probate is overseen by the probate registrar, does not require continuous court supervision, and has far less hearings than formal probate.
Formal probate is supervised by a judge and is only required in specific circumstances. Formal probate is required if:
Under Wisconsin’s statute 851.21, an interested party is any beneficiary, a named personal representative, or any other person the court deems an interested party.
The probate legal process usually takes six months to a year. To prepare for probate, collect any necessary documents such as the will and death certificate. It is also important to understand who the heirs or interested parties are and if they signed any waivers or consents. The easiest way to prepare for probate is to speak with a probate lawyer.
Legally, you do not need a lawyer or attorney to go through the probate process whether informal or formal. However, it is recommended that you speak with an attorney.
The probate legal process is extremely complicated and not set up for a non-lawyer to move through effectively. Having an attorney during this process will ensure the process is as seamless as possible and that everything is taken care of properly.
A lawyer can help at any stage of the probate process, but it is easiest for all parties when you speak with an attorney at the start. That way you can plan for the future, avoid legal obstacles, and mitigate any stress in what is likely an already difficult time in life.
Probate can be avoided if the planning is done in advance. One of the main ways that probate is avoided is through the use of trusts. Assets in a trust are not owned by the individual but by the trust. This allows the assets to move between parties differently because a trust is its own legal entity and only estates held by humans need to go through probate.
Once someone passes away, probate can also be avoided if the estate is worth less than $50,000. Also, assets that can use transfer on death or payable on death designations, like retirement accounts or life insurance, avoid probate.
Wisconsin has no state level estate tax. As of 2025, the majority of people do not have to worry about the federal estate tax because it only comes into effect when the estate is worth more than $13 million.
Other taxes that come into play are the individual income and any owed real estate or property taxes.
Wisconsin recommends probating an estate within 18 months of the person passing away, though exact requirements differ by county. Once probate is filed, creditors have a three-month window to file any claims against an estate in an attempt to have their debts paid off.
