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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 is worth $50,000 or more, or if the deceased person had a will. However, there are some things that exempt someone 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 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.
Once the estate is accurately valued, any creditors will be paid off, then the executor can file the final personal income tax returns. 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.
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, you file a petition with the probate court to open the estate. The 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 choose 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 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, the assets will go to the state.
Most probate cases in Wisconsin go through informal probate. Informal probate is overseen by the probate registrar and does not require continuous court supervision.
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 at least four to six months. To prepare for probate, collect any necessary documents such as the will and have an understanding of who will be affected by the estate. 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. Having an attorney during this process will ensure you prepare accordingly and that everything is taken care of properly and efficiently.
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 are able to plan for future legal obstacles and mitigate any stress in what is likely an already difficult time in life.
Wisconsin has no state level estate tax. 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.
