When someone dies, their family may need to go through probate as part of winding up the deceased’s affairs and lawfully distributing their estate. Let’s explore who can petition for this important process in Wisconsin.
Understanding Probate
In probate, the court supervises the administration of a deceased individual’s estate, including gathering the individual’s assets, paying debts and estate administration expenses, and distributing the remaining assets to the individual’s beneficiaries or heirs. The court will appoint an administrator or executor to administer a decedent’s estate. In most cases, courts appoint a close family member to serve as the administrator or executor; a decedent can also nominate in their will to serve as the executor of the estate.
Who Can Petition for Probate
Under Wisconsin law, specific parties have the right to petition the court to open a probate case for a deceased individual, including:
- The person(s) named in the decedent’s will to serve as the executor or personal representative of the decedent’s estate
- Any person with an interest in the estate, such as the decedent’s surviving spouse, a beneficiary named in the decedent’s will, or an heir of the decedent under Wisconsin intestacy law
If none of the above individuals petition for probate within 30 days of the decedent’s passing, any person who served as the decedent’s guardian at the time of their death, any creditor of the decedent, any party who has a cause of action or right of appeal involving the decedent, or any party who has an interest in assets in the decedent’s estate may petition for probate.
The Probate Petition Process
Wisconsin has two types of probate: formal and informal. In formal probate, a judge oversees estate administration, whereas the county register oversees informal probate. A party petitioning for probate must pursue the formal probate process if the case involves contested issues, such as a will contest or a dispute over who should serve as the personal representative of the decedent’s estate.
The probate process begins when an interested party files a petition with the court to admit the decedent’s will (if they left one) and appoint a personal representative to manage the estate administration. The petition must include supporting documentation such as the decedent’s death certificate or will. The petitioner must provide notice of the petition to all interested parties, such as the decedent’s heirs or beneficiaries named in their will.
The court may schedule a hearing on a probate petition if another party raises a challenge, such as contesting the validity of the will or the appointment of the petitioner as the personal representative. Once the court approves a probate petition, it will appoint a personal representative and authorize them to begin inventorying the decedent’s assets and paying the decedent’s creditors.
Contact a Probate Attorney Today
If you’ve recently lost a close loved one, experienced legal counsel can guide your family through the probate process in Wisconsin. Contact Peterson Berk & Cross, S.C. today for an initial consultation with our legal team to learn more about the probate process, including who may petition the court to initiate probate for your loved one.