How Wisconsin Probate Works
Have you found yourself in need of guidance to administer a loved one's estate as an executor (personal representative)? This is, of course, a great responsibility. It is also a way to honor your loved one by wrapping up their affairs and distributing assets according to their wishes. However, you are wise to realize you may need help to do this right.
Determine Whether There Is A Will
The first step in handling someone’s estate is to find any estate planning documents they may have created, such as a will or a trust. If the documents are locked away in a safe deposit box at a bank, we can help talk with the bank and get access to those documents.
If any documents like these are found, we can help you interpret them to determine what has to happen next.
Determining if Probate is Necessary
Once any legal documents are found, we can help you figure out if the courts will need to be involved. Many times, nothing has to happen with the probate courts. If probate is required, we can help you understand what the process looks like and what to expect, and give you the assistance and information you need to get through it.
Follow The Appropriate Wisconsin Probate Proceedings
When the probate process is required, cases go through either the formal process or the informal process. Which process is appropriate depends on a large variety of factors, including the documents that were put into place, the heirs involved, and whether there is disagreement.
Some cases can use what are called summary processes, which are easier than a full probate case. Depending on the circumstances of your case, this may include Summary Settlement, Summary Assignment, or a Transfer by Affidavit. These processes are typically available if the estate is under $50,000. If one of these options are available, the process can be done much more quickly and with less hassle than a full probate case.
Wisconsin's Medicare Estate Recovery Program
The state may seek to recover certain long-term care services paid for by Medicaid and BadgerCare Plus from your loved one's estate unless he or she is survived by a spouse, a child younger than age 21, or a disabled or blind child regardless of age.
Your Probate Case Is Unique | Personalized Counsel Is Essential
We are available to help you move efficiently through all required phases of the probate process. I can help you fulfill your legal obligations without delay as the executor of your loved one's estate. Reach me, attorney William D. Block, by phone at 414-930-4478 or by completing the intake form on this website. I look forward to our first meeting by phone, in my office, or at a location convenient to you. The ScheduleOnce function on the Contact page will allow you to set your own consultation time and date.
Ready To Discuss Your Case?