Frequently Asked Questions

Anywhere from 6 to 18 months, on average

“Petition for administration of the estate of a decedent may be made by any person named in the will to act as personal representative or by any person interested… If any will is lost, destroyed by accident, destroyed without the testator's consent, unavailable but revived under s. 853.11 (6), or otherwise missing, the court has power to take proof of the execution and validity of the will and to establish the same.” (WI statute 856)

No. Talk to an estate-planning lawyer for more information, if you are planning your estate. There are probate avoidance tactics, such as creating a living trust prior to decease, a POD or TOD account or deed, or beneficiaries named in e.g. a life insurance policy. Ask the lawyer about these. If a decedent had accounts like these, there should be documentation somewhere.

Yes, transfer by affidavit can be made if they “leave property subject to administration in this state that does not exceed $50,000” (WI statute 867)

“Subject to subs. (4) and (5), if a married decedent or decedent in a domestic partnership has a property interest in a home, the decedent's entire interest in the home shall be assigned to the surviving spouse or surviving domestic partner…” (WI statute 861)

Probate is the “official proving of a Will.” It is needed for many reasons.

“If the will of the decedent provides for a testamentary trust, letters of trust shall be issued to the trustee upon admission of the will to probate at the same time that letters are granted to the personal representative, unless the court otherwise directs. Upon issuance of letters of trust, the trustee shall continue to be interested in the estate…” (WI statute 856)

Maybe, maybe not. Some kits omit (or don’t stress) needed steps, and the decedent must have followed all necessary steps for the Will to be valid. It is best to talk to an estate-planning lawyer about wills.

Talk to the Register in Probate at your County courthouse. Formal probate requires a petition & hearing; 45 days is the normal time for a hearing in e.g. Sheboygan County. Informal probate has no petition & no hearing. Both require accounting. See the table.

This depends on many variables

After debts are paid. The order of those is: “...(1) Debts entitled to preference under the laws of the United States. (2) Judgments entered in the judgment and lien docket against the decedent, according to the respective priority of the judgments. (3) All other debts arising or growing out of any contract…” (WI statute 877)

Talk to a lawyer or the personal rep if you get any bills sent to you. Bills are to go to the estate.

If you’re just impatient to get the money, you’ll do better by waiting; no fees that way. If it’s needed for repairs to real estate, talk to a contractor, lender and lawyer. Many times, repair bills can be sent to the title company to be paid out of proceeds. Or existing estate funds can pay for repairs. If you absolutely need to get a cash advance (vs loan), there is a company that does this…but ask a lawyer first.

There is a fee based on the projected amount to be inherited. No credit scores; it’s not a loan.

• Unexpected expenses.
• You need to pay a lawyer & the estate has no ready funds to do so.
• Someone is living in the house & needs money to be able to move out.

No but the PR has to “provide a copy of the will and a list of all interested persons to each interested person; and, where…intestate…a list of all interested persons to each interested person.” (WI state 865)

“ A demand for formal proceedings shall be served on the personal representative…filing of a demand with the court shall suspend informal administration as to the issues or matters referred to therein and shall suspend the powers of the personal representative…” (WI statute 865)

“No will shall pass any property unless it has been proved…” (WI statute 856)

“Whenever it appears by petition to the court that a person has died and the court would have jurisdiction for the administration of the person's estate, the court may appoint a special administrator if…”(several conditions, see WI statute 867)

You can decline by filling out the proper form

30 days: “...shall, within 30 days after he or she has knowledge that he or she is named…file the will in the proper court…” (WI statute 856)

Talk to a probate lawyer; you may wish to have them handle the process. Or you can decline by filling out the form.

“Any person who neglects to perform any of the duties required in this subsection, without reasonable cause, is liable in a proceeding in court to every person interested in the will for all damages caused by the neglect.” (WI statute 856)

WI allows for both formal & informal probate. Even with informal probate, most people (90% according to Sheboygan County Register in Probate) do consult a lawyer. Remember, you are legally responsible as the fiduciary. Talk to a lawyer at least once!

According to Register in Probate, almost 100% (“2 cases in 27 years”)

According to Register in Probate statistics for 2023, 68%

According to Register in Probate statistics for 2023, 60%

No. The registrar's role is to provide all necessary forms; not to give legal advice. They are not attorneys.

“(1)  A person including the person named in the will to act as personal representative is not entitled to receive letters if the person is any of the following: (a) Under 18 years of age. (b) Of unsound mind. (c) A corporation not authorized to act as a fiduciary in this state. (d) A nonresident of this state who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate and filed the appointment with the court. (e) A person whom the court considers unsuitable for good cause shown.” (WI statute 856)

“The personal representative shall collect, inventory and possess all the decedent's estate; collect all income and rent from decedent's estate; manage the estate and, when reasonable, maintain in force or purchase casualty and liability insurance; contest all claims except claims which the personal representative believes are valid; pay and discharge out of the estate all expenses of administration, taxes, charges, claims allowed by the court, or such payment on claims as directed by the court; render accurate accounts; make distribution and do any other things directed by the court or required by law.” (WI statute 857)

“When after letters are issued to a personal representative by a court in the estate of a decedent, whether testate or intestate, a will of the decedent is proved and allowed by the court, the powers of the personal representative cease, and the court shall remove the personal representative…” (WI statute 857)

Ask the lawyer for a breakdown of what tasks the lawyer will do & what will be the PR’s responsibility. Usually the PR does still have a lot of duties!

“Returns required prior to closing estate or trust. (a) A personal representative or trustee applying to a court having jurisdiction for a discharge of his or her trust and a final settlement of his or her accounts, before the application is granted, shall file all of the following with the department: 1. Returns of income received by the decedent, any previous guardian, personal representative, or trustee, during each of the years open to assessment under s. 71.77, if the returns had not previously been filed, including a return of income for the year of death to the date of death. 2. Returns of income received during the period of the personal representative's or trustee's administration or trust except for the final income tax year of the estate or trust. 3. Sales and use tax returns and withholding returns or reports that were required to be filed, if not previously filed...” (WI statute 71)

“ Failure of the personal representative to comply with (State statutes) is prima facie evidence of neglect of duty.” The court may order the PR to “show cause why” and may charge the PR for court charges. (WI Statute 857)

“If it appears at any time that an estate is or may be insolvent, that there are insufficient funds on hand for payment of claims in full or that there is other good cause for delaying payment, the personal representative may report that fact to the court and apply for any order that the personal representative deems necessary…” (WI statute 859)

“(1)  Expenses. The personal representative shall be allowed all necessary expenses in the care, management and settlement of the estate. (2)  Services. Subject to the approval of the court the personal representative shall be allowed for his or her services commissions computed on the inventory value of the property for which the personal representative is accountable less any mortgages or liens plus net principal gains in the estate proceedings at a rate of 2 percent or a rate that the decedent and the personal representative, or the persons who receive the majority interest in the estate and the personal representative, agree to in writing; and such further sums in cases of unusual difficulty or extraordinary services as the court determines reasonable. If a personal representative is derelict in duty, his or her compensation for services may be reduced or denied. (3)  Attorney fees and commissions. If the personal representative or any law firm with which the personal representative is associated also serves as attorney for the decedent's estate, the court may allow him or her either executor's commissions, (including sums for any extraordinary services as set forth in sub. (2)) or attorney fees. The court may allow both executor's commissions and attorney fees, and shall allow both if the will of the decedent authorizes the payments to be made.” (WI statute 857)

“The WI Estate Recovery Program works to recover some of the money (paid for long-term care) from the assets of members and their dependents who no longer need it. The recovered money goes back into the budget to pay for long-term care services for other members. Federal and state law require this recovery.”

If it is sold to pay debts or to split proceeds among the heirs, the PR does not have to fill out a Real Estate Condition Report (statutory requirement) when they sell the house, if they never lived there.

“A will is presumed to pass all property that the testator owns…” (WI statute 853)

The property automatically passes to the spouse. If the spouse has not yet been declared mentally incompetent, that process must be completed first if they are resistant to leaving the home, and you cannot make other arrangements to keep them safe in their current environment. Talk to a doctor & lawyer about the process. If the deceased was already the spouse’s guardian, then the court may appoint a guardian. If the deceased was already the spouse’s POA, & there is an alternate POA named, then that POA will step in. The POA documents must specify that the POA has the power to dispose of real estate, if selling the real estate is being planned.

The PR “may sell, mortgage or lease any property in the estate without notice, hearing or court order.” (WI statute 860). The PR has to prove to the title company (provide documentation) that they are legally able to sign any & all real estate forms. (The same is true for a POA of a surviving spouse. There will be documents that were completed beforehand; have them ready.)

There are 4 “ways” to sell estate Real Estate:

• One is to respond to investors, who may contact you directly. (Realtors also have investors that they know, that may give a better price).
• The second way is to try an auction (which usually doesn’t work well here).
• The third is to list the house “as-is” which will get an “as-is” price, but at least this allows for buyer competition (and therefore potential price increase). It’s also faster.
• The fourth way is to do as much clean-up & renovation as makes sense, list it, & potentially obtain a much higher price.

The buyer has an “equitable interest” in the property and can petition the court for “specific performance.” The house does not automatically go back to the estate, because it is already under contract. (Form WB-11)

The listing contract is null. The PR would have to enter into a new listing contract.