Probate
Probate Benchmarks:
Wisconsin Statutes require all estates to be settled as soon as reasonably possible and without unnecessary delay. The Wisconsin Chief Judges have set fourteen (14) months as the benchmark for disposing of probate estates. All estates filed in Marquette County must be closed within fourteen (14) months of the date the initial documents are filed
Guidelines and Procedures
Formal Probate: Is the administration of a decedent’s estate under the supervision of a Circuit Court Judge. This type of probate is required if the decedent did not have a Last Will and Testament and the petitioner is unable to obtain Waivers and Consents from all of the interested parties. Status requires that the petitioner hire an attorney.
Informal Probate: Is the administration of a decedent’s estate under the supervision of the Register in Probate/Probate Registrar. It is the most common form of probate. The petitioner is not required to hire an attorney, however, you may do so at any time during the probate administration.
Summary Settlement: Proceedings may be used whenever there is a surviving spouse or a minor child and the estate, less debts against secured assets, does not exceed $50,000. It is also used when the estate does not exceed the priority debts.
Summary Assignment: Proceedings may be used whenever the value of the estate, less debts against secured assets, does not exceed $50,000 and you cannot use a Summary Settlement action.
Special Administration: May be used if it meets the requirements of Wis. Stat. 867.07.
Ancillary Administration: Is used to transfer assets located in the State of Wisconsin when a decedent’s probate has been filed in another state.
To File a Claim Against an Estate:
To file a claim against an estate that is being probated, please complete Standard State Form, Claim Against Estate (PR-1819). Please have your signature notarized. File the completed form with the Register in Probate along with a statutory $3.00 filing fee.
Wisconsin Transfer by Affidavit (small estate affidavit):
Is a proceeding for estates under $50,000. It does not go through the Probate Office but is sent to the Department of Health Services, Estate Recovery Program in Madison.