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A claim against an estate is a written request for the estate to pay money that the decedent owed.
How do I file a claim against an estate? A standard claim form (PR-1819) can be obtained online from Wisconsin Courts. The completed form, along with the statutory $3 filing fee, must be filed with the Register in Probate prior to the expiration of the claims date.
In Wisconsin, they are called Domiciliary Letters. This document gives the executor the legal authority to administer the deceased person's estate. While the process varies from state to state, the executor must petition the probate court in the county in which the decedent lived.
Domiciliary Letters are issued by the probate court either upon the filing of all required documents with the Probate Registrar for an informal proceeding, or after a hearing before the Circuit Judge or Probate Court Commissioner in a formal probate proceeding.
When an application for administration is filed, the court, or the probate registrar under informal administration proceedings, shall by order set a date as the deadline for filing a claim against the decedent's estate. The date shall be not less than 3 nor more than 4 months from the date of the order.
Form Number: PR-1819 Statutory Reference: Chapter 859, §766.55, Wisconsin Statutes Benchbook Reference: PR 1-13 to 23; PR 7-5 Purpose of Form: To file a claim against an estate. Who Completes It: Claimant or attorney for claimant. Distribution of Form: Court.
Wisconsin probate laws require an estate to be settled within 18 months. Generally, some counties in Wisconsin request that an executor settle an estate in 12 months. Executors should work toward completing probate within that time.
While Wisconsin statutes do not require you to hire an attorney to probate an estate informally, you may seek advice or the services of an attorney at any point during the process.