Probate in Wisconsin

Overview

Wisconsin uses a probate system influenced by the Uniform Probate Code, administered through the Circuit Court's Probate Division. As a marital property state (Wisconsin's equivalent of community property), how assets are classified significantly impacts estate distribution. Wisconsin offers several simplified probate alternatives including transfer by affidavit, summary settlement, and summary assignment, all with a $50,000 threshold.

Key Facts

• Governing Law: Wisconsin Statutes Chapters 851–882
• Court: Circuit Court (Probate Division)
• Small Estate Threshold: $50,000
• Typical Timeline: 6 to 12 months for standard estates; summary procedures can be completed in 2 to 4 months
• Follows UPC: No

What Makes Wisconsin Unique

• Marital Property State — Wisconsin adopted the Uniform Marital Property Act in 1986, creating a community property-like system. Assets acquired during marriage are generally classified as marital property, similar to community property in states like California.
• Transfer by Affidavit (§ 867.03) — Allows both personal property and real estate valued at $50,000 or less to be transferred without probate. For real estate, 30 days' notice to other heirs is required before recording the affidavit with the Register of Deeds.
• Summary Settlement (§ 867.01) — Available when the decedent is survived by a spouse or minor children and the estate (minus secured debts) does not exceed $50,000. Provides a streamlined court process.
• Summary Assignment (§ 867.02) — An alternative simplified procedure for estates under $50,000 that don't qualify for summary settlement, providing court-ordered distribution without full probate.
• Medicaid Recovery Notice — If the decedent or spouse received certain state medical assistance (Medicaid), notice must be given to the Department of Health Services, which may have a claim against the estate.
• No State Estate or Inheritance Tax — Wisconsin does not impose a state-level estate tax or inheritance tax.

Probate Process Steps

1. File application for administration with the Circuit Court (Probate Division)
2. Court appoints personal representative and issues domiciliary letters
3. Publish notice to creditors in the official county newspaper
4. Send notice to known creditors and interested parties
5. File inventory of estate assets within 6 months
6. Allow creditor claims period (3 months from publication)
7. Manage and protect estate assets during administration
8. Pay valid debts, taxes, and expenses
9. File final account with the court
10. Petition for final distribution and court approval

Costs & Fees

Fee Structure: Wisconsin does not have a statutory fee schedule for attorneys. Fees are based on reasonable compensation considering the size and complexity of the estate. Court filing fees are set by statute. The official Form PR-1831 is available for transfer by affidavit proceedings.

Typical Attorney Fees: $2,000 – $6,000 for simple estates; hourly or flat-fee arrangements for complex estates

Non-Lawyer Fees: $300 – $1,500 including court filing fees, publication costs, recording fees for real property transfers, and certified copies

Transfer by affidavit is the most cost-effective option, requiring only recording fees and no court filing fees. Summary settlement and summary assignment have lower court costs than formal administration. Medicaid recovery claims can significantly impact estate distributions.

Frequently Asked Questions