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What is Probate?
Probate is the court-supervised process for the orderly transfer of a decedent's assets to those who are entitled to them.
INFORMAL PROBATE: When a decedent leaves property subject to administration which exceeds $50,000 in value, an informal probate can be used if certain criteria are met. This type of probate is the administration of the decedent's estate, testate and intestate, without the need for continuous supervision by a judge. Click on the following for a guideline and forms required: Probate Guidelines
FORMAL PROBATE: This type of procedure involves the administration of a decedent’s estate under the supervision of a 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 signed waivers and consents from all of the interested parties. There are other factors that may necessitate the filing of a formal probate. Click on the following for a guideline and forms required: Formal Probate Guidelines
SUMMARY SETTLEMENT: When there is a surviving spouse or minor children and the estate does not exceed $50,000.00 or when the value of the estate does not exceed the priority debts, such as administrative expenses, funeral, burial, taxes, last illness, spousal and family allowances, a summary settlement procedure may be used. Click on the following for a guideline and forms required: Summary Settlement Guidelines
SUMMARY ASSIGNMENT: When a decedent leaves property subject to administration which does not exceed $50,000.00, and summary settlement does not apply, a summary assignment may be used. Click on the following for a guideline and forms required: Summary Assignment Guidelines
SPECIAL ADMINISTRATION: The court can appoint a special administrator pursuant to the grounds specified in Wisconsin Statutes, Sec. 867.07. However, a special administrator does not have the authority to transfer assets unless a summary settlement or summary assignment is also pursued. Click on the following for a guideline and forms required: Special Administration Guidelines
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 twelve (12) months as the benchmark for disposing of probate estates, and the Registers in Probate of the Seventh Judicial District have also adopted this benchmark. All estates in Adams County must be closed within twelve months.
Individuals who are not represented by an attorney may call the Probate Office to make an appointment with the Register in Probate. All documents must be completed and ready to file, along with the original Will, if any.
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). File the completed form with the Register in Probate along with a statutory $10.00 filing fee. Please send a copy to the Personal Representative and the estate attorney. There is a time limit for filing a claim based on when the probate action was started. You can check the court file in person or review the court record on the internet at: http://wcca.wicourts.gov/index.xsl to find out the claims deadline for a particular case.
The probate office can provide a packet of forms for a fee.
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