Probate in Wisconsin
Wisconsin probate is administered in the Circuit Court of the county where the deceased resided. Wisconsin follows the Uniform Probate Code and allows both supervised and unsupervised (informal) administration. Informal administration is available for most uncontested estates and significantly reduces court involvement — the personal representative acts without court approval for most decisions.
Wisconsin probate typically takes 6–12 months under informal administration.
Simplified estate procedures
Wisconsin allows a small estate affidavit procedure for estates with personal property of $50,000 or less. The affidavit may be presented to financial institutions to transfer assets to heirs without any court involvement, available 30 days after death.
Wisconsin also allows a "summary settlement" and "summary assignment" process for estates under certain thresholds. Real property requires a court order or trust to pass at death without full probate.
Death certificates
Wisconsin death certificates are issued by the Wisconsin Department of Health Services (DHS) Vital Records section and by local register of deeds offices. The cost is $20 per certified copy. Order online through DHS or by mail; county registrar offices also issue copies.
Order at least 10–12 certified copies when the funeral home files the initial certificate. Wisconsin's marital property rules may add documentation requirements when transferring marital property to the surviving spouse or to heirs.
Estate and inheritance tax
- State estate tax: Wisconsin has no state estate tax and no inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Community property state
Wisconsin follows the Uniform Marital Property Act — a marital property system similar to community property. Property acquired during marriage is generally "marital property" owned equally by both spouses. At death, the deceased's share of marital property passes according to the will or intestacy law; the surviving spouse retains their half. Property owned before marriage, or received as a gift or inheritance during marriage, is generally "individual property" and belongs solely to that spouse.
Notable rules
- Marital property act: Wisconsin's marital property system functions similarly to community property but uses different terminology. Understanding whether assets are "marital property" or "individual property" is essential for estate planning.
- Creditor claim period: 3 months from the date of first publication of notice to creditors.
- Transfer on death deed: Wisconsin allows transfer on death deeds for real property, enabling owners to name beneficiaries who receive real estate at death without probate.
- Informal administration: Wisconsin's informal probate track significantly reduces court supervision and is available for most uncontested estates.
Key contacts
- Wisconsin DHS vital records: dhs.wisconsin.gov/vitalrecords
- Wisconsin Courts probate information: wicourts.gov
- State Bar of Wisconsin lawyer referral: wisbar.org