Simplifying Probate: A Guide to Navigating Simple Cases in Wisconsin

In Wisconsin, the probate process can be complicated and expensive, but it doesn’t have to be. Simple cases of estate administration may be able to go through a “simplified” probate process that is faster, less costly, and easier to complete than traditional probate.

In this guide, we will explain what simplified probate is, the requirements for using the process in Wisconsin, and how a Wisconsin probate attorney can help you navigate a simple estate.

Overview:

1. What is Probate?
2. What is Simplified Probate?
3. How Does Simplified Probate Work in Wisconsin?
4. What is the Role of a Probate Attorney?
5. Simplified Probate Takeaways
6. FAQs

1. What Is Probate?

Probate, often seen as a complex and time-consuming process, is in fact an essential legal procedure that takes place after a person’s death. It involves the validation of the deceased person’s will by the court, the appointment of a personal representative, and the administration of the estate, including the distribution of assets to heirs and beneficiaries and the settling of any debts.

However, there’s no need to be intimidated. The process can be simplified, especially in cases where the estate is not overly complicated.

2. What is Simplified Probate?

Simplified probate, sometimes called “summary probate” or “summary settlement” is an abbreviated version of the traditional Wisconsin probate process that is available to administer smaller estates. The purpose of this faster process is to provide an economical way to transfer small estates without the need for expensive court fees. In simplified probate, the estate is handled outside of court and is usually quicker than traditional probate.

3. How Does Simplified Probate Work in Wisconsin?

In order to qualify for simplified probate in Wisconsin, the estate must meet certain criteria. To qualify, the estate must have a gross value of $50,000 or less and must not contain any real property (like a house) that will need to be transferred. In addition, the decedent must not have left behind any unpaid debts or taxes.

Once the estate is qualified for simplified probate, there are several steps that need to be taken in order to complete the process. An application must be filed with the court in order to open a formal probate case, and the decedent’s will (if any) must be presented for admission and distribution of assets. In addition, any creditors of the estate must be notified and all debts must be paid before any assets can be distributed.

Once all of these steps have been taken, the court will issue a final decree that authorizes the distribution of assets to the designated heirs.

4. What Is the Role of a Probate Attorney?

An experienced attorney can help navigate a simplified probate in Wisconsin by providing guidance and assistance throughout the process. An attorney can help review your case to make sure that it qualifies for simplified probate, as well as advise you on the necessary steps and paperwork to initiate the process.

During the course of simple probate, an attorney can help identify any assets, debts or taxes that must be taken into account in order to ensure a proper distribution of estate assets. An attorney can also help with any disputes that may arise during the process and can advise on how to handle any legal issues that come up making it a painless process for all involved.

Finally, an attorney can help ensure that all of the necessary steps are taken in order to complete the probate process as quickly and efficiently as possible.

5. Simplified Probate Takeaways

Simplified probate in Wisconsin can be a faster and more economical way to transfer small estates than traditional probate. However, it is important to make sure that all of the necessary steps are taken in order for the process to be completed properly. An experienced attorney can provide valuable assistance throughout the probate process and help ensure that everything goes smoothly.

If you are looking for a Wisconsin or Milwaukee probate attorney, contact Fricker Law. Located in Wauwatosa, we help those in Milwaukee, Brookfield and beyond. With 35 years of experience, our attorneys will help you navigate the probate process so that it’s quick and easy.

6. Frequently Asked Questions

Q: How long does simplified probate take in Wisconsin?

A: Simplified probate can take anywhere from a few months to a year, depending on the complexity of the estate. Read more about how long probate takes in Wisconsin.

Q: What if I need to transfer real property during simplified probate?

A: If you need to transfer real property during the probate process, you may need to go through traditional probate. An experienced attorney can help you determine whether or not your estate qualifies for simplified probate and advise on the best course of action.

Q: How much does simplified probate cost in Wisconsin?

A: The costs associated with simplified probate vary depending on the complexity of the estate and the expenses associated with administering it. Generally speaking, simplified probate is much less expensive than traditional probate.

Q: Who can file a probate case in Wisconsin?

In Wisconsin, probate cases must be filed by the deceased person’s spouse, adult child, or other relative. In some cases, the court may appoint an individual who is not related to the deceased to serve as the personal representative for the estate. It is important that whoever files has all of the necessary documents and information so the process can move forward without any delays.

Q: What documents are necessary to file a probate case in Wisconsin?

To file a probate case in Wisconsin, you must submit the original death certificate, an official inventory of the deceased’s assets and debts, their last will and testament (if applicable), and any other relevant documents. There may be other forms required depending on the complexities of your case.