What steps are required to open an estate proceeding in Wisconsin when no probate case exists?
Detailed Answer When a person dies and no probate case exists, you must open an estate proceeding in the county where the decedent lived at death. Wisconsin law offers two routes depending on the size and complexity of the estate. Determine the Type of Administration • Small Estate Summary: If the decedent’s personal property (excluding […]
Read article →How Can Someone Determine if a Probate Estate Has Been Opened for a Decedent in Wisconsin (WI)?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer Probate cases in Wisconsin are public records. Under Wis. Stat. § 851.11 (https://docs.legis.wisconsin.gov/statutes/statutes/851/I/11), probate begins when someone files a petition with the county probate court. You can verify whether […]
Read article →What information is needed to request estate files from a county probate division in Wisconsin?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Requesting estate files from a county probate division in Wisconsin requires gathering specific information and following established procedures. Under Wisconsin’s open records law (Wis. Stat. § 19.35) and probate code (Chapter 856), most estate records are public unless the […]
Read article →What steps are needed to include real property into the estate successfully in Wisconsin?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Wisconsin law, including real property in a decedent’s probate estate involves several key steps. You must gather title documents, open probate, inventory the property, and finally transfer title to beneficiaries or heirs. Below is a breakdown of each […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Wisconsin
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer What Is a Court-Ordered Subpoena? A subpoena is a legal document that orders a person or entity to produce documents or testify under oath. In Wisconsin probate proceedings, you often […]
Read article →What authorization forms must an heir sign to direct distribution of real property sale proceeds in Wisconsin?
Key Authorization Forms for Heirs Directing Distribution of Real Property Sale Proceeds in Wisconsin Detailed Answer When a decedent’s real property sells in Wisconsin, the personal representative (executor or administrator) controls the proceeds until final distribution. Heirs who wish to direct or expedite distribution must sign specific authorization forms. Below are the primary documents used […]
Read article →What Options Exist for Selling or Auctioning Personal Property to Reimburse Estate Expenses and Equalize Distributions Among Heirs in Wisconsin?
What Options Exist for Selling or Auctioning Personal Property to Reimburse Estate Expenses and Equalize Distributions Among Heirs in Wisconsin? Detailed Answer Under Wisconsin law, a personal representative may convert personal property into cash to pay estate expenses and ensure fair distributions. State statutes govern approval, methods of sale, and distribution priorities. 1. Private Sale […]
Read article →How to Distinguish Assets Belonging to a Deceased Person’s Estate From Those Held by a Relative’s Corporation in Wisconsin
How to Distinguish Assets Belonging to a Deceased Person’s Estate From Those Held by a Corporation Established by a Relative Detailed Answer 1. Define Estate Assets Under Wisconsin Law In Wisconsin, a deceased person’s probate estate generally includes all assets titled in the decedent’s individual name at the time of death. The probate estate begins […]
Read article →How are proceeds divided among multiple heirs when some predecease and their spouses or children succeed them?
How Are Proceeds Divided Among Multiple Heirs in Wisconsin When Some Predecease and Their Spouses or Children Succeed Them? Detailed Answer Under Wisconsin law, if a decedent dies without a valid will, the Probate Code governs payment of debts and distribution of the remaining assets to heirs by representation (“per stirpes”). Wisconsin defines this rule […]
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