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 (Wisconsin Department of Health Services), orderable by U.S. mail, in person, or online and by phone through VitalChek. Death certificates may also be ordered from any of Wisconsin's 72 county Register of Deeds offices and two city health offices (Milwaukee and West Allis). In Green County, families commonly order through the Green County Register of Deeds or the state office; the Register in Probate does not issue death certificates.
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 named in a will to act as personal representative must file the will with the proper court within 30 days after learning of the testator's death and of being named, unless the will has already been deposited with the court (Wis. Stat. 856.05). Verify the custodian's obligations and timing with the court. (Wis. Stat. 856.05)
Creditor claim window
Creditors generally have 4 months from date of the court order setting the claims deadline 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 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
Wisconsin offers informal administration (handled by the probate registrar without ongoing court hearings) and formal administration (court-supervised). The personal representative is appointed, files an inventory, gives notice to creditors, pays claims, and distributes the estate. Verify whether informal or formal administration applies and confirm bond, notice, and inventory requirements with the court.
- 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
When a decedent's solely owned property subject to administration in Wisconsin does not exceed $50,000 in value, an heir, a named personal representative, a trustee of the decedent's revocable trust, or a guardian may collect and transfer the property by completing an affidavit, without opening a probate estate. Verify eligibility for the specific assets and institutions involved.
- Qualifies:
- $50,000
A small estate not exceeding $50,000 in gross value may be summarily settled under court order where the decedent left a surviving spouse, minor children, or where the estate does not exceed costs, allowances, and certain claims. Verify eligibility and the petition requirements with the court.
- Qualifies:
- $50,000
Where a small estate (less property securing debts) does not exceed $50,000 in value and cannot be summarily settled under Wis. Stat. 867.01, the court may summarily assign the estate to those entitled to it without appointing a personal representative. Verify eligibility and the petition requirements with the court.
- Qualifies:
- $50,000
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Green County Register in Probate can help you understand forms and filing requirements at no cost.
Visit Self-Help Center