Informal Probate

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.

All forms are available on-line and can be found at:  www.wicourts.gov.   You can also pick up a packet of forms from the Probate Office.

  • Fill the forms in on-line as a Word document and then print; or
  • Print the forms and complete by hand, using black ink.
  • eFiling by attorneys is mandatory effective 03/01/2018.
  • You can eFile your probate paperwork.  Please see:  www.wicourts.gov, look under the tab “eFile/eCourts”.  Click on the Circuit Court eFiling from the drop down.  Follow the instructions to register for an eFiling account.   Create an account, pay the appropriate fee and electronically file your paperwork.

*An appointment is recommended when you are ready to file your papers.  Please call the Register in Probate Office at 715-537-6261 to set up an appointment.

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 (from all interested persons)
PR – 1804 Notice to Creditors (when waiver and consents are filed; or if waivers are not filed complete PR-1805)*
PR – 1805 Notice Setting Time to Hear Application and Deadline for Filing Claims (use only if you do not obtain waiver and consents from all interested persons)  See * below.
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)
Other - Trusts – below paragraph on Trusts.

*If a hearing on notice is required, the Personal Representative will be appointed after the hearing once the following documents are filed:

  •  Affidavit of Publication from the newspaper, and
  • Form PR-1817 Affidavit of Service showing proof that the Notice was mailed to all interested persons.
  • Bond, if required.  Determination will be made by the Probate Court whether bond will be a signature bond (Form PR-1809) or a surety or corporate bond.

*IMPORTANT:  If there is no Will, and you do not obtain Waiver and Consents from all interested persons before filing your application, you CANNOT go forward with informal administration.  See Sec. 865.02(1)(b)1, Wis. Stats.  You must proceed with an attorney and a formal administration.

AFTER THE PERSONAL REPRESENTATIVE IS APPOINTED, complete the following steps:

SECOND STEP:  INVENTORY

PR – 1811 Inventory DUE no later than 4 months after Domiciliary Letters are issued
Filing Fee Statutory inventory filing fee of 0.2% of the inventoried assets is due when the inventory is filed
PR – 1817 Affidavit of Service – to show inventory has been provided to interested persons

Original      Affidavit or Proof of Publication from the newspaper (if not already filed)

Original      Probate Claims Notice and proof of mailing showing copy was mailed to WI Dept. of Family Services and the County Clerk (if decedent did or may have received services through the State and/or County)

THIRD STEP:  FINAL ACCOUNT

PR – 1814 Estate Account w/ attached schedules
PR – 1817 Affidavit of Service to show Estate Account has been provided to interested persons
Note any additional property listed in Schedule A of the Estate Account 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

OTHER DOCUMENTS:

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 MATTERS: Filing of fiduciary, estate tax, and income tax returns is the personal representative’s responsibility.   The personal representative may seek the assistance of a tax preparer or accountant if necessary.

A Closing Certificate for Fiduciaries is required before closing the estate.  Request the Closing Certificate by completing Schedule CC and any other necessary fiduciary tax returns.  Wisconsin Tax Forms are found at:  Wisconsin Fiduciary and Estate Tax Forms

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 can be found here:   IRS Form

10th Judicial District Informal Probate Guideline (Rev. 7/18)