Yes. In Wisconsin, a Personal Representative (PR) generally has statutory authority to sell estate real property, but whether prior court approval is required depends on the type of administration and the terms of the will. Under Wisconsin Statutes § 857.03, a PR may sell, manage, lease, or otherwise transfer estate property as...
Category: Property
Wisconsin Estate Planning FAQ’s: What is Estate Planning?
Estate planning is the process of deciding in advance who should receive your property, what they should receive, and when, all while keeping taxes, legal fees, and court costs as low as possible. Because everyone owns something (from a car or checking account to a home and life insurance), everyone has an...
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 Estate Planning FAQ’s: Your Personal Property in Estate Planning
Even a well-crafted estate plan that handles your home, savings, and investments can leave loose ends when it comes to your personal belongings. Most people do not name a recipient for every single item they own, and that can lead to confusion or conflict among loved ones. Take time now to think...
Wisconsin Probate: Can a house be sold before a Probate ends in Wisconsin?
Yes. In Wisconsin, a house can often be sold before probate is completed, but it depends on how the property is owned, whether probate has been opened, and the personal representative’s authority. When a house is titled solely in the deceased person’s name and becomes part of the probate estate, the personal...
Wisconsin Probate: How are real estate transfers handled in a Wisconsin probate?
Real estate is often one of the most important and slowest parts of a Wisconsin probate because title to land must be legally transferred, usually with court authority unless a non‑probate mechanism applies. The first question is whether the property even goes through probate. Real estate may pass automatically if it is...
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 Probate: How are Real Estate Transfers Handled in a Wisconsin Probate?
Real estate is often one of the most important—and slowest—parts of a Wisconsin probate because title to land must be legally transferred, usually with court authority unless a non‑probate mechanism applies. The first question is whether the property even goes through probate. Real estate may pass automatically if it is held in...
Wisconsin Probate: How do you Prepare an Inventory of Assets in a Probate in Wisconsin?
In a Wisconsin probate, the Inventory of Assets is a required filing that lists everything the deceased owned at death that is subject to probate. It’s one of the most important early steps because it establishes the estate’s value, guides how debts get paid, informs beneficiaries, and sets the foundation for distributions....
Wisconsin Estate Planning: Should You Ever Use Your Home as Collateral for Your Child’s Debt?
It is the kind of phone call that keeps parents awake at night. Your daughter is on the line saying, “I need some help.”
She is not hurt. It is not a brush with the law. She is in financial trouble and needs backup.
The business...