In Wisconsin, a probate case may be opened by a variety of people who have a legally recognized interest in the decedent’s estate, under the framework of Wisconsin Statutes Chapter 865. A petition for probate or administration may be filed by persons named in the will—specifically, the individual nominated as personal representative...
Category: Court
Wisconsin Estate Planning: In Wisconsin, are persons in possession of a Will required to file it with the Court?
Yes. In Wisconsin, anyone who has possession of a decedent’s original will is required to deliver it to the probate court in the county where the decedent resided, or to a person who can properly submit it for probate (such as the nominated personal representative). This duty applies whether or not the...
Wisconsin Estate Planning: In Wisconsin, can or should Wills be deposited with the Court after execution?
Yes. In Wisconsin, a will may be deposited with the probate court for safekeeping after it is executed, but it is not required. Wisconsin Statutes § 853.09 permits a testator to deposit an original will with the probate court in the county where the testator resides during the testator’s lifetime.
Wisconsin Probate: Why do Courts have Oversight over Probates in Wisconsin and What is their Involvement in Matters?
Wisconsin courts oversee probate because it is not just a private transfer of property—it is a legal process for settling a deceased person’s affairs, including creditors, taxes, and competing claims to property. The court’s role is to ensure the process is lawful, orderly, and fair to everyone with an interest in the...
Wisconsin Probates: What are Common Reasons for Litigation in a Wisconsin Probate?
Litigation in Wisconsin probate most often arises when family members, beneficiaries, creditors, or fiduciaries disagree about the decedent’s assets, intentions, or how the estate is being administered. The most common categories include will contests, trust contests, fiduciary‑misconduct claims, disputes over family farms or closely held businesses, real estate and cabin conflicts, creditor...
How to Avoid Probate Costs in Madison, Wisconsin
The bad news: When a person dies owning property in their sole name without a beneficiary, their loved ones will have to go through a court-supervised process called probate to transfer the property out of the deceased person’s name and into the name of intended beneficiaries or heirs at law. Going through...
Defining the Beneficiaries of Your Dynasty Trust
Many estate plans incorporate irrevocable dynasty trusts, which can offer benefits such as tax minimization and asset protection. The benefits of these types of trusts continue for a surviving spouse’s lifetime and several future generations. The actual duration of the trust can be affected by such factors as state law and how...