Probate is the court-supervised process for the orderly transfer of a decedent’s assets to those who are entitled to them. The process ensures that notice is properly given, that all debts, taxes, and expenses are paid, that the assets are distributed in accordance with the last Will or to the heirs as determined by statute.
Types of Probate Proceedings
There are several different types of probate. Filing the correct proceeding depends on a variety of factors; Click here to see different probate types.
Wisconsin Statutes require all estates to be settled as soon as reasonably possible and without unnecessary delay. The Wisconsin Chief Judges have set fourteen (14) months as the benchmark for closing probate estates. Therefore, the vast majority of probate matters are to be completed within fourteen (14) months of filing the opening documentation. Each county may have a local or district rule regarding benchmarks; which may shorten the period. Check with the county you are filing the probate in for their specific benchmarks.
FAQs Related to Probate
Click here for answers to some common probate-related questions.
Standard, statewide forms are required by all Wisconsin circuit courts. Forms can be obtained in person from the Register in Probate office. A small fee may be charged. Forms can also be obtained free of charge online at Wisconsin Court System - Circuit court forms.
There may be other forms required, other than the mandated forms, depending on the circumstances of the estate. Click here to learn more.
Special Notice regarding Obtaining an Employer ID number. The IRS does not charge any fee for issuing an Employer ID number. If you are asked to pay, you are using a third party vendor. They are taking your information, making the application and getting the number for you. To apply on your own, use IRS.gov. Click on the box to apply for a number. If you want to do so now, this will take you directly to the application form. Apply Now.
This webpage is provided as a public service and is not intended to be legal advice. If you have any questions about the information on this webpage, please contact an attorney.