1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingWisconsin Vital Records Office
Certified Wisconsin death certificates are issued by the state Vital Records Office (online through an approved vendor, by mail, or in person) and by the local Register of Deeds. Eau Claire County families may also order certified death records from the Eau Claire County Register of Deeds for deaths that occurred in or to residents of the county; the Circuit Court / Register in Probate does not issue death certificates. Under Wis. Stat. § 69.22(1)(a) the fee is $20 for the first certified copy and $3 for each additional copy of the same record issued at the same time.
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
2Required by Law
First 30 days
Deposit the Will
A person who has custody of a will must, within 30 days after learning of the testator's death, file it with the Register in Probate of the proper county or deliver it to a person able to file it (Wis. Stat. § 856.05). A will may also be deposited with the Register in Probate for safekeeping during the testator's lifetime. Verify the custodian's obligations and timing with the Register in Probate. (Wis. Stat. § 856.05)
Creditor claim window
Creditors generally have 4 months from court order setting the time to file claims (notice to creditors) to bring claims against the estate. (Wis. Stat. § 859.01)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
3Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Wisconsin small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
Wisconsin's transfer-by-affidavit procedure lets an heir, the trustee of the decedent's revocable trust, a person named in the will as personal representative, or the decedent's guardian at death collect the decedent's property by sworn affidavit, without administration, when the decedent's property subject to administration in Wisconsin does not exceed $50,000 in gross value at the date of death. Verify eligibility for the specific assets and institutions involved.
- Qualifies:
- $50,000
Wisconsin offers two summary paths in addition to transfer by affidavit: (1) Summary settlement of small estates under Wis. Stat. § 867.01 when the estate (less debts secured by estate property) does not exceed $50,000 and the decedent is survived by a spouse, domestic partner, or one or more minor children (or both), or when the estate does not exceed the costs, expenses, allowances, and claims under § 859.25(1)(a)-(g); and (2) Summary assignment of small estates under Wis. Stat. § 867.02 when the estate (less secured debts) does not exceed $50,000 and does not qualify for summary settlement. Availability depends on the facts and should be verified locally.
- Qualifies:
- Smaller estates that meet the state limit
Documents you'll need:
- Certified Death Certificate
- Original Will
- Proof of Heirship
- Inventory
The personal representative (executor with a will, or administrator without) is appointed by the Register in Probate (informal administration) or the circuit court (formal administration), receives domiciliary letters, files an inventory, gives published notice to creditors, pays claims, and distributes the estate. Wisconsin's informal administration is a streamlined, register-supervised process for most uncontested estates. Verify bond, surety, original-will, and notice requirements with the Register in Probate.
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Application for Informal Administration
- Certified Death Certificate
- Original Will
- Proof of Heirship
- Statement of Informal Administration
- Domiciliary Letters
- Inventory
- Notice to Creditors
Wisconsin's transfer-by-affidavit procedure allows an heir, trustee of the decedent's revocable trust, person named in the will as personal representative, or the decedent's guardian at death to collect and receive the decedent's property by presenting a sworn affidavit, without administration, when the decedent's property subject to administration in Wisconsin does not exceed $50,000 in gross value at the date of death.
- Qualifies:
- $50,000
Documents you'll need:
- Transfer by Affidavit
- Certified Death Certificate
- Original Will
Summary settlement is available when the estate, less debts secured by estate property, does not exceed $50,000 and the decedent is survived by a spouse, domestic partner, or one or more minor children (or both), or when the estate does not exceed the costs, expenses, allowances, and claims under Wis. Stat. § 859.25(1)(a)-(g). The register-in-probate filing fee under § 814.66(1)(a) still applies. Verify eligibility before relying on this path.
- Qualifies:
- $50,000
Summary assignment is available when the estate, less debts secured by estate property, does not exceed $50,000 and the estate does not qualify for summary settlement. The court assigns the estate to those entitled to it. Verify eligibility before relying on this path.
- Qualifies:
- $50,000
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Eau Claire County Register in Probate / Wisconsin Court System Probate Self-Help can help you understand forms and filing requirements at no cost.
Visit Self-Help Center