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1. What is Probate?

Probate is the court-supervised process to transfer ownership of a decedent’s solely owned assets to the rightful heirs either with a will (testate) or without a will (intestate).

2. Do a decedent’s assets always have to go through probate?

No. If the decedent had a will, the original will must be filed with the Register in Probate within 30 days of the date of death regardless of whether or not a probate is filed.

If the decedent’s solely owned assets are less than $50,000, you may be able to use the Transfer of Affidavit ($50,000 and under) Form PR-1831, which can also be obtained online from Wisconsin Courts. This form is not filed in the Probate Office.

Generally, if a decedent had more than $50,000 in solely owned assets, a probate is necessary to transfer ownership of the decedent's assets to his/her heirs.

3. How do I file a claim against an estate?

A standard claim form (PR-1819) can be obtained online from Wisconsin Courts. The completed form, along with the statutory $3 filing fee, must be filed with the Register in Probate prior to the expiration of the claims date. The last date for filing claims can be obtained by either calling the Register in Probate, viewing the publication, or checking online to review the court record. A copy of the claim should also be provided to the Personal Representative and/or Attorney of Record. Once the claim has been satisfied, a Receipt of Claim (PR-1815) must be sent to the Register in Probate by the claimant.