In Wisconsin, bonds are not routinely required in probate, but they may be required depending on the type of administration and what the will or court order provides. As a general rule, if the will waives bond, if all interested parties agree, or if the court finds a bond unnecessary, the Personal...
Category: Probate
Wisconsin Probate: In Wisconsin, who cannot be a Personal Representative?
In Wisconsin, there are specific disqualifications and restrictions on who may serve as a Personal Representative (PR). A person under 18 years of age cannot serve. A person adjudicated incompetent and found by a court to lack capacity to manage their affairs also cannot serve. Certain convicted felons may be disqualified if...
Wisconsin Estate Planning FAQ’s: Do All Assets Go Through Probate?
Not everything you own is automatically subject to probate. Generally, assets titled solely in your name, like a bank or investment account, your home or other real estate, or a vehicle, must pass through the probate court to remove your name and retitle the property to your heirs. By contrast, many assets...
Wisconsin Probate: In Wisconsin, how are “lost” Wills proved or admitted to probate?
In Wisconsin, a lost, destroyed, or otherwise unavailable will can still be admitted to probate, but the process is stricter than for an original will. A will is treated as “lost” when the original cannot be found after death, was destroyed without a valid revocation, or is otherwise unavailable. If the original...
Wisconsin Probate: In Wisconsin, how is a Will proved in an informal probate proceeding?
In Wisconsin, a will is proved in an informal probate proceeding by satisfying the statutory requirements for admission without a formal evidentiary hearing. Informal probate is a streamlined process where a probate registrar admits the will and appoints a personal representative based on submitted paperwork, with no court hearing unless an objection...
Wisconsin Probate: Who may petition a Court to open a probate in Wisconsin?
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...
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 Probate: In Wisconsin, what is intestate succession?
In Wisconsin, intestate succession is the statutory process for distributing a decedent’s probate estate when there is no valid will, or when a will does not dispose of all probate property. The governing rules appear primarily in Wisconsin Statutes Chapter 852 and provide a default plan for who inherits if testamentary instructions...
Wisconsin Probate: In Wisconsin, what property is subject to probate?
In Wisconsin, only probate property—property owned by the decedent that does not pass automatically by operation of law or by contract—is subject to probate administration. Generally, this includes real estate titled solely in the decedent’s name, such as a house owned by the decedent alone with no survivorship designation or transfer-on-death (TOD)...
Wisconsin Probate: In Wisconsin, who are considered “interested persons” in a probate and when do they cease to be interested persons?
In Wisconsin, the term “interested persons” in probate is defined by statute. It includes those with a legal or financial stake in the estate and is used to determine who must receive notices and who has standing to participate in the proceeding. The definition appears in Wis. Stat. § 851.21 and provides...