Types of Probate Proceedings

Informal Administration      

Informal Administration is the administration of the decedent's estate, testate and intestate, without exercise of continuous supervision of the court; the administration is under the supervision of the Probate Registrar. It is the most common form of probate. In most cases, you do not need an attorney to proceed informally. The petitioner is not required to hire an attorney, however, you may do so at any time during the probate administration.

Link to the Informal Administration forms

The Wisconsin Register in Probate Association has developed a booklet for Personal Representatives. It is not meant to provide legal advice; it is merely a guide that may help the Personal Representative through the estate administration process. The booklet is available through this link:

Personal Representative's Guide to Informal Probate
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Summary Settlement 

A Summary Settlement proceeding can be used whenever there is a surviving spouse or minor children and the estate, less the amount of the debts for which any property is security, does not exceed $50,000. It may also be used whenever the value of the estate does not exceed the priority debts (e.g., taxes, administrative, funeral and burial, last illness, spousal and family allowances). 

Link to Summary Settlement forms     

Summary Assignment 

Summary Assignment can be used whenever the value of the estate, less the amount of the debts for which any property is security, does not exceed $50,000 and summary settlement does not apply. 

Link to Summary Assignment forms

Special Administration  

A Special Administrator can be appointed pursuant to the grounds specified in sec. 867.07, Wis. Stats.  

Link to Special Administration forms

Formal Probate 

Formal Probate is the administration of a decedent’s estate under the supervision of a Circuit Court Judge. This type of probate is required if the decedent did not have a Last Will and Testament and the petitioner is unable to obtain Waivers and Consents from all of the interested parties. There are other factors that may necessitate the filing of a formal probate. Statute requires that the petitioner hire an attorney. 

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.