1Immediate Actions
The first days
First: Get Death Certificates
Required for everythingWisconsin State Vital Records Office
Certified Wisconsin death certificates are issued by the State Vital Records Office (Wisconsin Department of Health Services) and can be ordered online, by mail, or in person in Madison. Certified copies are also available from the local county Register of Deeds in the county where the death occurred. Pierce County families can order from the state office or the Pierce County Register of Deeds; 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
Under Wis. Stat. 856.05, a person who has custody of a will must, within 30 days after learning of the testator's death, file the will with the proper circuit court (the Register in Probate) or deliver it to a person able to do so. A custodian who fails to comply may be liable. 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 or probate registrar 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's small-estate procedure lets an heir, trustee, or person who was guardian collect and transfer the decedent's solely owned property by affidavit when the total gross value of the decedent's solely owned property in Wisconsin is $50,000 or less, measured at the date of death (not reduced by debts or liens). If the affidavit describes real property, a certified copy is recorded with the Register of Deeds in each county where the property is located. 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
Formal administration is court-supervised probate before a circuit court judge or court commissioner, used when the estate is contested, complex, or otherwise needs judicial oversight. The personal representative qualifies, files an inventory, and files accounts under court supervision. Verify bond, notice, and hearing requirements with the court.
- Qualifies:
- Larger estates, or when no simplified option fits
The personal representative (executor with a will, or administrator without) is appointed by the register in probate (informal) or the circuit court (formal), receives domiciliary letters, files an inventory, gives notice to creditors, pays claims, and distributes the estate. Wisconsin's informal administration is a streamlined, register-supervised process available for most uncontested estates.
- 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
Informal administration is administration of a decedent's estate without continuous court supervision, overseen by the Probate Registrar in the county Register in Probate office. It is the common path for uncontested Wisconsin estates that require probate. The personal representative files the application, gives required notices, files an inventory, and files a final account and other closing documents. Verify required documents, deadlines, bond, and notice rules with the court.
4File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Pierce County Register in Probate / Wisconsin Court System Self-Help Law Center can help you understand forms and filing requirements at no cost.
Visit Self-Help Center