Wisconsin Petition for Probate

Introduction

Key Things to Know

1. 1

   Filing: an Application for Informal Administration (form PR-1801) before the Register in Probate, or a Petition for Formal Administration (form PR-1901) before the circuit court, in the county where the decedent was domiciled (Wis. Stat. s. 856.01(1), 865.08(1)(ac)). The forms say they shall not be modified but may be supplemented, and the court's form controls over the draft on this page.

2. 2

   No one has authority over estate assets until the court appoints a personal representative and letters issue. Being named in a will does not by itself allow anyone to collect assets, pay debts or transfer property. Do not distribute, pay heirs or sell estate property before appointment or before the claims deadline has run.

3. 3

   No outer deadline to open probate is stated on this page; ask the Register in Probate or an attorney. A will custodian must file the will in the proper court or deliver it to the named personal representative within 30 days after learning of the death, and a named personal representative must file it within 30 days after learning of the nomination and the death (s. 856.05(1)). If no nominated or interested person has petitioned within 30 days after death, creditors, guardians and others with an interest may petition (s. 856.07(2)).

4. 4

   Letters go first to the person named in the will, then to any interested person or that person's nominee in the court's discretion, then to anyone the court selects (s. 856.21). A nonresident is disqualified unless a resident agent to accept service of process on the estate is appointed and filed with the court (s. 856.23(1)(d)). The court decides who serves, and appointment is not guaranteed.

5. 5

   Notice: each interested person gets notice of the hearing by first class mail at least 20 days before it, or personal service at least 10 days before, and the first mailed notice must be accompanied by publication (s. 879.03, 879.05). Notice can be waived (s. 879.09); form PR-1803 is the waiver for informal administration, so ask the court which waiver it uses for formal administration. The order sets a claims deadline not less than 3 nor more than 4 months from its date, and creditor notice is published, with the first insertion within 15 days of the order (s. 859.01, 859.07). Claims not filed by the deadline are generally barred, with listed exceptions (s. 859.02).

6. 6

   Bond is required before letters issue unless the court orders appointment without bond, and no bond is required of a qualifying bank or trust company. Only the court can waive it, and a will direction to serve without bond is not binding on the court (s. 856.25). The court may require a bond later even if it did not at appointment.

7. 7

   Not every estate needs probate. Assets that pass by beneficiary designation, joint ownership with survivorship or a trust usually pass outside probate. Wisconsin has informal administration (chapter 865) as the lighter track, plus transfer by affidavit and summary settlement for some small estates, covered on DocDraft's small-estate-affidavit page.

Wisconsin Requirements for Petition for Probate

• Two Filing Tracks

  Wisconsin offers an Application for Informal Administration (form PR-1801) before the Register in Probate and a Petition for Formal Administration (form PR-1901) before the court (Wis. Stat. s. 856.07, 856.09, 865.08).

• Circuit Court Where Decedent Was Domiciled

  Probate is filed in the circuit court of the county where the decedent was domiciled at death. If there was no Wisconsin domicile, the court of any county where property is located may act (Wis. Stat. s. 856.01).

• Will Custodian Duty

  A will custodian must file the will in the proper court or deliver it to the named personal representative within 30 days after learning of the death. Neglect without reasonable cause creates liability for damages (Wis. Stat. s. 856.05).

• Order of Priority for Letters

  Letters go first to the person named in the will, then to any interested person or that person's nominee in the court's discretion, then to anyone the court selects. A disqualified person is not entitled to letters (Wis. Stat. s. 856.21, 856.23).

• Nonresident Needs a Resident Agent

  A nonresident is disqualified unless a resident agent to accept service of process on the estate is appointed and the appointment is filed with the court (Wis. Stat. s. 856.23(1)(d)).

• Hearing Notice to Interested Persons

  Notice of hearing is mailed at least 20 days before it, or personally served at least 10 days before, and the first mailed notice is accompanied by publication (Wis. Stat. s. 879.03, 879.05). Notice may be waived (s. 879.09).

• Claims Deadline Set at Filing

  The court or probate registrar sets a claims deadline by order, not less than 3 nor more than 4 months from the order's date. Claims not filed by then are barred, with exceptions (Wis. Stat. s. 859.01, 859.02).

• Court Controls Bond

  A bond is required before letters issue unless the court orders appointment without bond, and a will direction to serve without bond does not bind the court (Wis. Stat. s. 856.25).

• Petition Contents

  The draft on this page names the petitioner and their interest, the decedent and domicile, the will or intestacy, the heirs and beneficiaries, the estate value, the proposed personal representative, the bond position and the type of administration requested. The court's form (PR-1801 or PR-1901) controls what must be included.