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Probate and estate administration

Peace of mind through Wisconsin probate

Settling a loved one's estate is a daunting job to inherit while you are grieving. We take the procedural weight off you.

Schedule a free consultation Call 414-519-6255

Guidance when a family is grieving and a court is waiting

Managing a loved one's affairs after a death raises a hundred practical questions at the worst possible time.

Crothers Law, S.C., guides Wisconsin families through probate with professionalism, honesty and care. Our firm has been locally owned and family-operated since 2008. Attorney Brittany Klaus Crothers brings 17+ years of practice and a genuine understanding of what families in this area are dealing with. We serve southeastern Wisconsin, including Milwaukee and Waukesha counties.

What is probate and estate administration in Wisconsin?

Probate is the legal process of distributing a deceased person's estate and making sure assets reach the intended beneficiaries. In Wisconsin it generally means:

  • Validating the will
  • Taking inventory of assets
  • Filing taxes
  • Repaying outstanding debts
  • Distributing assets to beneficiaries

What assets must go through probate?

Not everything does. In Wisconsin, assets the decedent owned solely and did not name a beneficiary on generally must go through probate. These often include:

  • Real property
  • Bank accounts
  • Vehicles
  • Business assets
  • Personal property such as jewelry

What happens when there is no will?

Nearly half of Americans die without a will. That is called intestate succession, and Wisconsin's intestacy laws then decide who inherits.

The results are sometimes not what the family expected, and disputes can end up in court. An attorney can often help you avoid that, and can act as adviser and mediator through the process either way.

What steps should you take before probate?

Preparation starts right after the death. Getting organized early makes the whole process shorter:

  • Locate the original will and any codicils that modify it
  • Secure the property, including vehicles, homes and valuable personal items
  • Obtain several certified copies of the death certificate
  • Notify financial institutions, creditors and government agencies
  • Gather bank statements, investment records and tax returns
  • Make a preliminary list of assets and liabilities to size up the estate
  • Consult a probate attorney early to understand your obligations and deadlines

What does a personal representative do?

The personal representative, sometimes called the executor, manages the estate and acts as a fiduciary for all beneficiaries. It is a real job with real liability.

Key duties include:

  • Opening the probate case with the appropriate Wisconsin court
  • Notifying all interested parties, including heirs and creditors
  • Managing and protecting estate assets during probate
  • Paying valid debts and final expenses from estate funds
  • Preparing and filing required tax returns for the estate
  • Distributing remaining assets under the will or Wisconsin intestacy laws
  • Keeping detailed records of every transaction and activity

How does probate affect estate taxes?

Wisconsin does not impose a state estate tax. Federal estate tax may still apply to larger estates. Tax considerations during probate include:

  • Federal estate tax returns for estates above the federal exemption threshold
  • Separate filings for income the estate earns during administration
  • Income tax that beneficiaries may owe on certain inherited assets, such as retirement accounts
  • Capital gains when estate property is sold during or after probate
  • Date-of-death valuation, which establishes the tax basis for beneficiaries

Why families use a probate lawyer

Probate is complex and slow, and emotions make it slower. Without guidance, families run into delays, disputes and avoidable financial loss.

With an attorney, you have someone whose job is to keep the estate moving and your loved one's legacy intact.

Common questions

Probate is the legal process of distributing a deceased person's estate so that assets reach the intended beneficiaries. In Wisconsin it generally involves validating the will, taking inventory of assets, filing taxes, repaying outstanding debts and distributing what remains to beneficiaries.

Not all of them. In Wisconsin, assets the decedent owned solely and did not name a beneficiary on generally must go through probate. That commonly includes real property, bank accounts, vehicles, business assets and personal property such as jewelry.

That is called intestate succession, and Wisconsin's intestacy laws decide who inherits. The results are sometimes not what the family expected, and disputes can end up in court. An attorney can often help you avoid that and can act as an adviser through the process.

Locate the original will and any codicils, secure the property, obtain several certified copies of the death certificate, notify financial institutions and government agencies, gather financial documents, list assets and liabilities, and consult a probate attorney early so you understand your obligations and deadlines.

The personal representative, sometimes called the executor, manages the estate as a fiduciary for all beneficiaries. Duties include opening the case with the court, notifying heirs and creditors, protecting estate assets, paying valid debts, filing tax returns, distributing assets and keeping detailed records throughout.

Wisconsin does not impose a state estate tax, though federal estate tax may apply to larger estates. Other considerations include income the estate earns during administration, income tax on certain inherited assets such as retirement accounts, capital gains if property is sold, and date-of-death valuation, which sets the tax basis for beneficiaries.

Get the probate guidance you need

Call 414-519-6255 or send a message to schedule a free consultation.

Schedule a free consultation 414-519-6255