1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingWisconsin Vital Records Office
Certified Wisconsin death certificates are issued by the state DHS Vital Records Office and by county Register of Deeds offices. In Monroe County, families may order locally through the Monroe County Register of Deeds (608-269-8716, 202 South K Street, Room 2, Sparta, WI 54656) for deaths that occurred in the county, or statewide through the DHS Vital Records Office online (via VitalChek), by mail to Wisconsin Vital Records, P.O. Box 309, Madison, WI 53701-0309, or in person. 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 who has custody of a will must, within 30 days after learning of the testator's death, file the will with the register in probate of the proper county or deliver it to a person able to file it (Wis. Stat. 856.05). Filing the will is separate from offering it for probate. 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 date set in the 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 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 largely by the Register/Probate Registrar without ongoing judge supervision) and formal administration (supervised by a circuit judge). The personal representative is appointed, gives notice to creditors, files an inventory, pays debts and taxes, and distributes the estate. Verify bond, notice, inventory, and accounting 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 allows a court to settle and distribute a small estate without full administration where, after debts secured by estate property, the estate does not exceed $50,000 and the decedent left a surviving spouse, domestic partner, or minor children, or the estate is needed for the support of those persons. Verify eligibility with the Register in Probate.
- Qualifies:
- $50,000
Summary assignment allows the court to assign a small estate without appointing a personal representative where the estate, less property used as security for debts, does not exceed $50,000 and the estate cannot be summarily settled under 867.01. Verify eligibility with the Register in Probate.
- Qualifies:
- $50,000
When the decedent's solely owned property subject to administration in Wisconsin does not exceed $50,000 in gross value, an heir, trustee of the decedent's revocable trust, person named to act as personal representative, or guardian at the time of death may collect and transfer that property using a Transfer by Affidavit (form PR-1831) without opening a court case. If real estate is involved, the affidavit is recorded with the register of deeds and 30 days' notice to heirs is required. 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
Monroe County Register in Probate can help you understand forms and filing requirements at no cost.
Visit Self-Help Center