Probate in Wisconsin is a court-supervised legal process that ensures a deceased person’s assets are properly distributed. Whether you’re an executor, heir, or someone facing a probate dispute, knowing how Wisconsin probate law works will help you make informed decisions and avoid costly mistakes.

This guide covers:

• How probate works in Wisconsin
• Formal vs. informal probate under Wisconsin law
• Wisconsin’s affidavit for transfer without probate
• When you need a probate attorney
• How to handle disputes with a probate litigation attorney
• State-specific deadlines, statutes, and court rules
• FAQs and how to schedule a probate attorney free consultation

What is probate in Wisconsin?

Probate in Wisconsin is governed by Chapters 851–879 of the Wisconsin Statutes. It involves:

• Filing a will (if one exists)
• Appointing a personal representative (executor)
• Identifying and valuing estate assets
• Paying off debts, taxes, and claims
• Preparing an estate final account
• Preparing estate tax returns
• Distributing remaining property to rightful heirs

If there is no will, the estate passes through intestate succession as outlined in Wis. Stat. § 852.

Probate courts in Wisconsin

Every Wisconsin county has a probate division within its circuit court system. The probate process is initiated by filing documents with the Register in Probate office in the decedent’s county of residence.

Informal vs. formal probate in Wisconsin

Informal probate (Wis. Stat. § 865.01)

Informal probate is used when:

• There’s a valid will with no disputes
• The heirs agree on the administration
• The estate is straightforward

Filed with the Register in Probate, no judge is typically involved. Common for estates with cooperative heirs and no minors.

Timeline: 6–12 months on average

Formal probate (Wis. Stat. § 867.01)

Used when:

• The will is contested
• There are disputes among heirs or beneficiaries
• Minor children or incapacitated individuals are involved
• Creditor claims are complex

Filed as a petition in circuit court and overseen by a judge.

Timeline: Often 12–18+ months

Wisconsin affidavit for transfer without probate

Wisconsin allows small estates (under $50,000) to bypass probate using the Affidavit for Transfer of Property Without Probate under Wis. Stat. § 867.03.

Eligibility requirements:

• Total estate value is under $50,000
• 30+ days have passed since death
• No real estate is included, or real estate is handled via separate affidavit
• The person filing is legally entitled to the property

Also called:

• Affidavit to transfer without probate
• Affidavit of transfer without probate

What Can Be Claimed:

• Bank accounts
• Insurance proceeds
• Lawsuit payments or settlements
• Retirement accounts with no beneficiary
• Vehicles and personal property

A Wisconsin probate attorney can help complete and file this affidavit correctly and ensure all legal requirements are met.

Wisconsin probate attorney

A probate attorney in Wisconsin helps executors, administrators, and heirs manage the probate process from start to finish. They ensure compliance with state-specific deadlines, forms, and fiduciary obligations.

A Wisconsin probate attorney can help you:

• File informal or formal probate petitions
• Navigate complex estate plans
• Respond to creditor claims
• Ensure tax compliance (estate and income)
• Manage disputes or family conflict

Looking for probate help? Contact us today for a probate attorney free consultation.

Probate deadlines and requirements in Wisconsin

• Will filing deadline: Must be filed “with reasonable promptness” after death
• Inventory deadline: Within 6 months after personal representative appointment (Wis. Stat. § 858.01)
• Creditor claims period: Typically 3–4 months from notice publication
• Estate closing deadline: Most estates must be closed within 12–18 months, unless the court grants an extension

Failure to meet these deadlines can result in penalties, removal of the executor, or court sanctions.

Wisconsin probate litigation attorney

Handling Contested Wills and Executor Disputes

If you’re facing a dispute over a will or how an estate is being handled, you need an experienced probate litigation attorney in Wisconsin.

We handle:

• Will contests
• Executor misconduct
• Disputes over guardianship or capacity
• Creditor objections and heir challenges
• Trust and probate litigation

Visit our probate litigation attorney page

Estate litigation attorney in Wisconsin

Legal Protection for Heirs, Beneficiaries, and Executors

Not all disputes involve wills. We also help with:

• Breach of fiduciary duty
• Undue influence and elder abuse claims
• Complex inheritance conflicts
• Multi-jurisdictional estate issues

Our estate litigation attorneys guide clients through courtroom proceedings and out-of-court settlements.

Explore estate litigation services

Trust litigation attorney in Wisconsin

Resolving Trust Disputes and Mismanagement Claims

Trust disputes often arise when:

• Trustees act improperly
• Beneficiaries are denied access or funds
• Amendments to the trust are disputed

Our trust litigation lawyers can help file petitions, demand accountings, or remove fiduciaries if necessary.

Learn more about trust litigation representation

Contested will lawyers in Wisconsin

Fight for a Fair Outcome or Defend a Valid Will

Under Wisconsin law, you generally have 3 months from receiving notice of a will’s admission to probate to file a contest.

Grounds include:

• Lack of testamentary capacity
• Undue influence
• Coercion
• Forgery or fraud
• Improper execution

We represent both challengers and defenders in contested will proceedings across Wisconsin.

Speak with a contested will attorney

Final thoughts: When to hire a Wisconsin probate lawyer

Whether you’re filing probate documents, resolving a legal conflict, or unsure about your responsibilities as executor, the stakes are too high to go it alone.

A qualified Wisconsin probate attorney will:

• Ensure the estate complies with all Wisconsin laws and deadlines
• Prevent costly mistakes
• Guide you through court forms and procedures
• Represent your interests in or out of court