State Laws
Probate in Wisconsin
Application for Informal Probate of Will
To begin probate, the personal representative must have interested parties sign a Waiver and Consent (PR-1803).[4] The personal representative must then file the following forms with the Probate Registrar for the circuit court of the testator’s county[5]:
- Original Will
- Probate Claims Notice
- Application for Informal Administration (PR-1801)
- Proof of Heirship (PR-1806)
- Consent to Serve (PR-1807)
- Statement of Informal Administration (PR-1808)
- Domiciliary Letters (PR-1810)
- Waiver and Consent (signed by interested parties)
Once appointed, the personal representative must publish and send creditors Notice to Creditors (PR-1804), and file and send interested parties Inventory (PR-1811).[6] Interested parties must also receive a list of interested parties and a copy of the will.[7] The Notice, Declaration of Service (PR-1817), and proof of publication are then filed.[8]
The personal representative must pay debts, distribute assets, and obtain an Estate Receipt (PR-1815) from creditors and beneficiaries.[9] Lastly, the personal representative must send beneficiaries and unpaid creditors a Final Estate Account (PR-1814) and file[10]:
- Declaration of Service (PR-1817)
- Final Estate Account
- Estate Receipt (PR-1815)
- Closing Certificate for Fiduciaries (obtained by filing Schedule CC with the DOR)
- Personal Representative’s Statement to Close Estate (PR-1816)
Small Estates
If the total value of the decedent’s estate is $50,000 or less, probate proceedings can be avoided by filing the Transfer of Affidavit.[11]
Resources
Forms
- Probate Claims Notice
- Application for Informal Administration (PR-1801)
- Proof of Heirship (PR-1806)
- Consent to Serve (PR-1807)
- Statement of Informal Administration (PR-1808)
- Domiciliary Letters (PR-1810)
- Notice to Creditors (PR-1804)
- Inventory (PR-1811)
- Estate Receipt (PR-1815)
- Final Estate Account (PR-1814)
- Personal Representative’s Statement to Close Estate (PR-1816)
Links
Sources
- § 853.01
- § 853.03
- §§ 853.11, 854.15(3)
- § 879.09
- §§ 865.06(1) & (2)(a), 856.01, Personal Representative’s Guide to Informal Estate Administration pg. 10
- Personal Representative’s Guide to Informal Estate Administration pg. 38, §§ 859.07(1), 858.01, 858.03
- § 865.08(5)
- Personal Representative’s Guide to Informal Estate Administration pg. 10 & 11
- § 857.03(1), Personal Representative’s Guide to Informal Estate Administration pg. 11 & 12
- § 865.16(1)(c), Personal Representative’s Guide to Informal Estate Administration pg. 50
- § 867.03(1g)