Probate Admin.

Losing a loved one is never easy. On top of the emotional challenges, there are often important legal and financial matters that must be addressed to settle the estate. Probate is the court-supervised process through which a deceased person’s assets are gathered, debts are paid, and the remaining property is distributed to heirs and beneficiaries.

With more than 100 years of combined experience assisting families through probate and estate administration, our firm provides the compassionate guidance and practical legal support you need during this difficult time. We work to simplify the process, protect your rights, and ensure that the estate is handled efficiently and in full compliance with Wisconsin law.

Guiding You Through the Probate Process

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Understanding Probate

Whether probate is required depends largely on how your loved one’s assets were owned.

If all assets were titled in the name of a living trust, or had beneficiary designations (such as payable-on-death accounts or life insurance policies), court supervision may not be necessary. In that case, the successor trustee can administer and distribute assets without formal probate.

However, if assets were owned individually—without joint ownership or beneficiary designations—probate will likely be required. The time needed to complete probate varies depending on the size and complexity of the estate, as well as local court procedures, but most estates in Wisconsin take 9 to 18 months to complete.

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The Probate Process: Key Steps

Every estate is unique, but most probate cases follow a similar sequence:

  1. Filing a petition with the appropriate probate court.

  2. Notifying heirs and beneficiaries named in the Will (or statutory heirs if no Will exists).

  3. Appointment of a personal representative (executor or administrator) to manage the estate.

  4. Identifying, inventorying, and valuing assets owned by the deceased.

  5. Paying valid debts and expenses owed by the estate.

  6. Selling assets, if necessary, to settle debts or make distributions.

  7. Filing and paying taxes, if applicable.

  8. Distributing remaining assets to heirs and beneficiaries in accordance with the Will or state law.

Throughout this process, our firm provides clear guidance, ensures all filings and notices meet legal requirements, and helps avoid costly delays or disputes.

FAQs

  • A Will contest occurs when someone challenges the validity of a Will during probate. Common reasons include concerns about undue influence, lack of capacity, or unequal treatment of heirs. Only individuals with legal standing—typically heirs or beneficiaries who are affected by the Will—may file such objections.

  • Not all assets must go through probate. Non-probate assets transfer automatically to the designated beneficiary or co-owner. These may include:

    • Jointly owned property with right of survivorship

    • Retirement accounts (IRAs, 401(k)s) with named beneficiaries

    • Life insurance proceeds

    • Bank accounts with “pay on death” (POD) or “in trust for” (ITF) designations

    • Assets held in a properly funded living trust

    We can help determine which assets are subject to probate and which can be transferred outside the court process.

  • Yes. Executors (or personal representatives as they are called in Wisconsin) are reimbursed for legitimate out-of-pocket expenses and may receive a statutory or reasonable fee based on the size and complexity of the estate. Because executors owe a fiduciary duty to the estate and its beneficiaries, they can be held personally liable for mismanagement. For that reason, it’s wise for executors to retain an experienced probate attorney and accountant for guidance.

  • Costs and timeframes vary depending on factors such as estate value, number and types of assets, existence of a Will, and whether disputes arise. Typical expenses include court filing fees, executor fees, attorney fees, accounting and appraisal costs, and surety bonds.

    In most cases, total probate expenses range from 2% to 7% of the estate’s value, and the process takes approximately 9 to 18 months if uncontested.

Trusted Legal Guidance When You Need It Most

The probate process can seem overwhelming, especially while you’re grieving. Our firm is here to help you handle each step with confidence, efficiency, and compassion. Whether you’re serving as an executor, a trustee, or a beneficiary, we provide the experienced legal guidance you need to settle your loved one’s estate properly and protect your family’s interests.

Contact us today to schedule a consultation and learn how we can assist with probate or trust administration in Wisconsin.