Probate

What is probate?

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.

Benchmarks    

Wisconsin Statutes require all estates to be settled as soon as reasonably possible and without unnecessary delay.   The Wisconsin Chief Judges have set twelve (12) months as the benchmark for closing probate estates. Therefore, probate matters are to be completed within twelve (12) months of filing the opening documentation.  Each county may have a local or district rule regarding benchmarks, 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.

Mandated Forms 

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 online at Wisconsin Court System - Circuit court forms. 
   

Other Forms

There may be other forms required, other than the mandated forms, depending on the circumstances of the estate.  Click here to learn more. 

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.