Wisconsin Notice to Interested Persons and Limiting Time for Filing Claims - Informal Administration

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 is the administration of a deceased person's estate without continuous court supervision.Formal probate is required in a number of instances and Wisconsin statutes require the estate's personal representative to procure the assistance of an attorney.

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 .

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.

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 Wisconsin a Codicil and a Will, to be validly executed, must be executed with the signature of two witnesses and the signature of the testator or someone under his or her direction. Deceased: A person who has died. Decedent: The person who has died whose estate is subject to administration.

Probate is used to distribute a decedent's assets not only to beneficiaries but also to creditors and taxing authorities. Any Wisconsin estate that exceeds $50,000 in value must go through the probate process unless the property is subject to certain exemptions.