Estate planning rules in Wisconsin

Wills and admission to probate

Wisconsin law provides that a will passes property after proof and admission to probate or informal admission under chapter 865. Wisconsin courts may grant probate of an uncontested will without testimony if an attestation clause shows compliance or a self-proving affidavit substantially follows the statutory form.

Wisconsin permits execution, attestation and self-proof of a will in one procedure through an affidavit of the testator and witnesses before an authorized officer. Wisconsin permits an already-attested will to become self-proved after execution through an affidavit of the testator and witnesses before an authorized officer.

Wisconsin counterpart signing involves identical copies signed by the testator and each remote witness.

Wisconsin gives a person holding a will who is not named as personal representative 30 days after learning of the testator's death to file the will in the proper court or deliver it to the named personal representative.

Informal and formal administration

Wisconsin's probate registrar checks that the original will accompanies the application or is with the court and contains an attestation clause showing execution compliance or a self-proving-type affidavit.

Wisconsin personal representatives in informal administration take the notice to the newspaper for publication and mail a copy to all known creditors of the decedent. Wisconsin distributions under a will follow the will's directions.

Wisconsin's Demand for Formal Proceedings form permits a particular issue or the remaining estate administration to move from informal to formal proceedings for a judge to hear. Wisconsin treats a disputed creditor claim during informal administration as an issue for formal administration and a judge's decision.

Transfers by affidavit and smaller estates

Wisconsin permits transfer by affidavit of property subject to administration with a gross value of $50,000 or less, subject to statutory conditions and exceptions. Wisconsin's procedure transfers assets without court-supervised administration.

Wisconsin generally places a 30-day waiting period on an affidavit recipient's transfer of property when the affiant is named in the will as personal representative, subject to exceptions. Wisconsin gives heirs at least 30 days of notice before recording an affidavit describing an interest in or lien on real property.

Wisconsin recipients of property by affidavit assume responsibility for applying the property to obligations in statutory priority. Wisconsin directs distribution of any balance under the governing instrument or intestacy rules.

Wisconsin summary settlement is available for estates valued at $50,000 or less when a spouse, domestic partner or minor children survive the decedent. Wisconsin summary assignment addresses estates valued at $50,000 or less that are ineligible for summary settlement.

Trust purposes and administration

Wisconsin permits a trust for a noncharitable purpose without a definite or ascertainable beneficiary, including a valid noncharitable purpose selected by the trustee.

Wisconsin permits modification or termination of a noncharitable irrevocable trust with the consent of the settlor and all beneficiaries, with or without court approval, even against a material purpose.

Thresholds and rates change. Check the state's own current figures.

Common questions