Wisconsin Declaration to act as Personal Representative - Informal - Formal
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FAQ
Summary administration limits what you can do with the estate. This process may go faster than formal administration. No personal representative is appointed.
The process of removing a personal representative begins with filing a petition or removal. An heir or interested party must file the petition with the probate court and serve a copy of the petition on the personal representative. The probate court schedules a hearing date and time to hear the matter.
Under California Probate Code, the executor typically receives 4% on the first $100,000, 3% on the next $100,000 and 2% on the next $800,000, says William Sweeney, a California-based probate attorney. For an estate worth $600,000 the fee works out at approximately $15,000.
How long does probate take? Probate can take two years, even longer, for a large or contested estate. But the process may last up to six months even for a small, uncomplicated estate.
Informal probate allows the estate to be probated through an administrative process without any court involvement and no court hearings.Formal probate is necessary if the decedent left a will but the original will cannot be located.
A personal representative in California is entitled to compensation for ordinary services provided to the estate. California Probate Code § 10800. These fees are also called statutory fees, because they are provided by statute.
In Wisconsin, the estate executor is known as a "personal representative". Subject to approval of the court, executor fees are set at 2% of the net value of the estate assets, or a rate agreed with the decedent or the majority interest of the heirs.
In general, there are two types of probate formal and informal. Formal probate is what most people think about when they hear the word probate.
Formal probate involves a petition , a hearing or trial before a Judge or Court Commissioner who resolves the issues with a final court order . Informal Probate only requires an application, no hearing or trial, and is administered by a court official known as the Probate Registrar .