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Probate

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Formal Probate 

Is the administration of a decedent’s estate under the supervision of a Circuit Court Judge. This type of probate is required if the decedent did not have a Last Will and Testament and the petitioner is unable to obtain Waivers and Consents from all of the interested parties. Statute requires that the petitioner hire an attorney.

You may come to the Register in Probate Office to purchase a forms packet for a fee or click on Formal Probate Guide [PDF] for a listing of the forms required and steps which need to be taken in this type of probate.

You will be required to file a Closing Certificate for Fiduciaries. This is obtained when you file the fiduciary income taxes with the Wisconsin Department of Revenue.

You may be required to file a Probate Claims Notice if the conditions are applicable as defined in Wisconsin Statute 859.07(2). 

Informal Probate 

Is the administration of a decedent’s estate under the supervision of the Register in Probate/Probate Registrar. It is the most common form of probate. The petitioner is not required to hire an attorney, however, you may do so at any time during the probate administration.

You may come to the Register in Probate Office to purchase a forms packet for a fee or click on Informal Probate Guide [PDF] for a listing of the forms required and steps which need to be taken in this type of probate.

You will be required to file a Closing Certificate for Fiduciaries. This is obtained when you file the fiduciary income taxes with the Wisconsin Department of Revenue.

You may be required to file a Probate Claims Notice if the conditions are applicable as defined in Wisconsin Statute 859.07(2). 

Summary Settlement

Proceedings may be used whenever there is a surviving spouse or a minor child and the estate, less debts against secured assets, does not exceed $50,000. It is also used when the estate does not exceed the priority debts.

You may come to the Register in Probate Office to purchase a forms packet for a fee or click on Summary Settlement Guideline [PDF] for a listing of the forms required and steps which need to be taken in this type of probate.

Summary Assignment 

Proceedings may be used whenever the value of the estate, less debts against secured assets, does not exceed $50,000 and you cannot use a Summary Settlement action.

You may come to the Register in Probate Office to purchase a forms packet for a fee or click on Summary Assignment Guideline  for a listing of the forms required and steps which need to be taken in this type of probate.

Special Administration

May be used if it meets the requirements of Wis. Stat. 867.07.

You may come to the Register in Probate Office to purchase a forms packet for a fee or click on Special Administration Guideline [PDF] for a listing of the forms required and steps which need to be taken in this type of probate.

Ancillary Administration

Is used to transfer assets located in the State of Wisconsin when a decedent's probate has been filed in another state.

You may come to the Register in probate office to purchase a forms packet for a fee or click on Ancillary Administration Guideline [PDF] for a listing of the forms required and steps which need to be taken in this type of probate.

Transfer by Affidavit 

Is a proceeding for estates under $50,000. It does not go through the Probate Office but is sent to the Department of Health Services, Estate Recovery Program in Madison.

Last Will and Testament

Of a decedent MUST be filed with the Probate Office within 30 days even if no probate is required. It must be the original. There is no fee for filing the Will.  Please go to the Marquette County "Wills" page for more information on filing the Will when there is not a Probate required.

If a probate proceeding is required, the decedent’s original Last Will and Testament can be filed with the case opening documentation.
 

 

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