NOTE: This guideline is provided only as a public service and is not meant to be legal advice. The Register in Probate office cannot give legal advice; please contact an attorney if you have legal questions.
TO OPEN AN INFORMAL PROBATE
FIRST STEP: complete and file the originals of the following:
PR – 1801 Application for Informal Administration
PR – 1806 Proof of Heirship
PR – 1803 Waiver and Consent
PR – 1804 Notice to Creditors (OR, if waivers are not filed, complete PR-1805)
PR – 1805 Notice to Interested Persons and Time Limit for Filing Claims
PR – 1807 Consent to Serve
PR – 1808 Statement of Informal Administration
PR – 1810 Domiciliary Letters
Original - Will and any Codicils (copy to be provided to all interested persons)
Original - Probate Claims Notice; copy to WI Dept of Family Services and County Clerk
Other - Trusts – see page 2.
*Personal Representative (PR) will be appointed after the hearing date listed on the Notice to Interested Persons once the following documents are filed: Affidavit of Publication from the newspaper and form PR – 1817 Affidavit of Mailing showing proof that the Notice was mailed to the interested persons.
AFTER PR APPOINTMENT: complete and file the originals of the following:
SECOND STEP: INVENTORY
PR – 1811 Inventory DUE no later than 6 months after Domiciliary Letters are issued
Filing Fee Statutory inventory filing fee of 0.2% of the assets is due with the inventory
PR – 1811 Affidavit of Mailing – inventory to interested persons
THIRD STEP: FINAL ACCOUNT
PR – 1814 Final Account w/ attached schedules
PR – 1817 Affidavit of Mailing – final account to interested persons
Note additional property listed is subject to the 0.2% filing fee
FOURTH STEP: CLOSING DOCUMENTS
PR – 1815 Estate Receipt from heirs/beneficiaries for partial and/or full distributions
PR – 1815 Estate Receipt from claimants, if claims were filed
PR – 1816 Personal Representative’s Statement to Close Estate
Original Affidavit or Proof of Publication from newspaper
Copy Funeral Receipt marked paid in full
Original Closing Certificate for Fiduciary from WI Dept of Revenue
BOND: May be required prior to appointment of the PR; determination will be made whether bond will be a signature bond (form PR – 1809) or a corporate bond.
TRUSTS: If the decedent’s Will establishes a trust, please complete the following forms: PR-1930 Consent to Serve as Trustee and PR-1829 Letter of Trust and file the originals with the Register in Probate office when the estate is opened.
CLAIMS: It is the Personal Representative’s responsibility to check the court record for any claims filed. The website is:
http://wcca.wicourts.gov/index.xsl. Copies can be obtained from the Register in Probate office for a fee of $1.00 per page
CLOSE ESTATE: Estate shall be closed 12 months after the Application is filed pursuant to 10th Judicial District benchmarks.
CERTIFIED COPIES: If requested, are $3.00 for the certification and $1.00 for each page copied and compared.
If requested through the mail, please enclose a self-addressed, stamped envelope together with the correct fee.
ADDITONAL RESOURCES: A booklet called “A Personal Representative’s Guide to Informal Probate in Wisconsin” Is available at your locale probate
office or online at www.wripa.org
FORMS: Additional/duplicate forms can be found at: www.wicourts.gov.
TAX FORMS: www.dor.state.wi.us/htm/taxfid.html or :
Wisconsin Department of Revenue
PO Box 8904
Madison, WI 53708-8904
A Closing Certificate for Fiduciaries is required before closing the estate. You must request a Closing Certificate when filing the Wisconsin Fiduciary Income Tax Return. All fiduciary, estate tax, and income tax returns are the personal representative’s responsibility.
IRS NOTICE: The Internal Revenue Service may be a creditor of a decedent and should be promptly notified of the death and any probate proceeding.
The IRS Notice is included with this guideline.
10th Judicial District Informal Probate Guideline (Rev. 7/04)