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Wisconsin Statewide Probate Guide

Settling an estate after losing someone is difficult. This guide covers what’s consistent across the whole state – thresholds, deadlines, and costs. For your specific county’s Register in Probate address and local filing details, see that county’s page.

Where Probate Happens

Wisconsin probate runs through the Circuit Court in the county where the deceased lived, with each county’s Register in Probate handling filings and day-to-day procedural guidance. Wisconsin isn’t a Uniform Probate Code state, though it has adopted some UPC-influenced elements into its own probate statutes (Wis. Stat. Chapters 851-882).

Step 1: Does The Estate Qualify For A Simplified Process?

Wisconsin offers three distinct shortcuts for estates of $50,000 or less (measured after subtracting debts secured by estate property).

Transfer by Affidavit (Wis. Stat. § 867.03)

  • Available for estates of $50,000 or less in gross value.
  • Can be used by an heir, a trustee of the decedent’s revocable trust, a person named in the will as personal representative, or certain others.
  • No court filing fee for the affidavit itself.
  • Real property can be transferred only in limited circumstances – the affidavit must be recorded with the county Register of Deeds, and a person named in the will as personal representative specifically cannot receive real property this way.
  • At least 30 days must have passed since the death.

Summary Settlement (Wis. Stat. § 867.01)

  • Available under two distinct paths: (1) when the estate (less secured debts) doesn’t exceed the sum of costs, expenses, allowances, and priority claims regardless of the estate’s overall size, or (2) when the estate (less secured debts) doesn’t exceed $50,000 AND there’s a surviving spouse, domestic partner, or minor child.
  • Handled through the court but without appointing a personal representative – more streamlined than formal or informal administration.
  • If the decedent or spouse received long-term care or Medicaid benefits, the petitioner must notify the Department of Health Services by certified mail as soon as practicable after filing.
  • The court may require a bond from the petitioner if it deems one necessary.

Summary Assignment (Wis. Stat. § 867.02)

  • Available when the estate (less secured debts) doesn’t exceed $50,000 and doesn’t qualify for summary settlement (i.e., no surviving spouse/minor child, and doesn’t meet the allowances-based test).
  • The court assigns the estate without appointing a personal representative.

STEP 2: INFORMAL OR FORMAL ADMINISTRATION (for estates over $50,000)

  1. Informal Administration – the default track for ordinary, undisputed estates above the small-estate thresholds, supervised by the Register in Probate without continuous court oversight, closing with a sworn statement.
  2. Formal Administration – fully supervised by a circuit court judge, used for contested estates or those requiring ongoing court oversight.
  3. Personal representative compensation follows a presumptive rate of 2% of inventory value under Wis. Stat. § 857.05, unless the will specifies otherwise.

Timeline

Small estate procedures can move relatively quickly. Standard informal administration typically takes 6-12 months. Creditors generally have 3-4 months from the date of the court’s order setting the deadline to file a claim, with first publication of notice required within 15 days of that order.

Taxes

Wisconsin has no state estate tax (for deaths after December 31, 2007) and no state inheritance tax. Only the federal estate tax could apply, and only to very large estates (federal exemption $15 million per individual for 2026).

Where This Guide Fits

This page covers what’s consistent statewide. For your specific county’s Register in Probate address, phone number, and local filing details, visit that county’s page.