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 (executor) in the will and any beneficiary named in the will. Heirs and other interested persons may also petition, including heirs under intestate succession if there is no will, as well as any “interested person,” such as a spouse, children, or other legal heirs or beneficiaries. Creditors of the decedent may petition when necessary to collect debts owed or to open administration if no one else has done so. Other qualified individuals can also petition, including any person named as a fiduciary in an instrument offered for probate and any person holding a claim or right affected by the estate in certain circumstances.
Although many people can petition to open probate, Wisconsin law provides a priority system for appointment as personal representative. Generally, the person nominated in the will has priority, followed by the surviving spouse (if entitled under statute or will), other heirs or beneficiaries, and then any other qualified and suitable person. This priority scheme is part of Wisconsin’s probate administration under Wisconsin Statutes § 856.23. As for the types of probate petitions, a person may ask the court to admit a will to probate for a testate estate, open intestate administration when there is no will, appoint a personal representative, open informal or formal administration, or open supervised administration if required.
Even if someone is eligible to petition, the court retains discretion. The court must determine whether the petition is proper, decide whether to grant appointment of the requested personal representative, and ensure statutory requirements such as proof of death, proper venue, and jurisdiction are satisfied. In summary, a probate proceeding in Wisconsin can be initiated by a wide range of persons and any person with a legally recognized interest in the estate may petition the court to open probate under Chapter 865.
If you would like to discuss this matter more thoroughly, please reach out to our Madison Wisconsin Estate Planning attorneys. We are here to help!