Probate & Trust Administration
When someone passes away, the family is usually facing a short list of hard logistical questions in the middle of grief. Attorney Mason handles Wisconsin probate and trust administration so those decisions about accounts, real estate, creditors, and distributions have a clear path forward.
What probate looks like in Wisconsin
Probate is the court-supervised process of liquidating assets, paying a decedent's debts, and transferring what remains to the people who should inherit. In Wisconsin, it happens in the Circuit Court for the county where the person lived or owned property. Attorney Mason handles probate in Racine and Kenosha counties, each with its own court rhythms.
Wisconsin offers three paths depending on the estate: transfer by affidavit for estates under $50,000 (Wis. Stat. § 867.03), informal probate for most straightforward estates (Wis. Stat. Ch. 865), and formal probate when the court needs to supervise more closely (Wis. Stat. Ch. 867). Which path applies depends on asset value, the presence of a valid will, family dynamics, and whether any creditor, heir, or beneficiary is contesting.
Attorney Mason guides the personal representative through each stage: the initial filing, the hearing to appoint the personal representative (when needed), publication and mailing the notice to creditors, preparing and filing the inventory and final account, obtaining receipts from creditors and beneficiaries, obtaining the closing certificate from the Department of Revenue, and filing the documents to close the estate. Attorney Mason is typically able to handle most court appearances on her own so the family does not have to personally appear.
Trust administration
If the decedent had a revocable living trust, administration happens privately, without a Circuit Court proceeding. But "without court" does not mean "without rules." Wisconsin's Trust Code (Ch. 701) sets deadlines for notice to beneficiaries, requires accountings in most cases, and imposes fiduciary duties on the successor trustee.
An attorney is not typically necessary in a Trust administration. Attorney Mason frequently provides a short consultation for successor trustees after the death of the Trust Grantor(s). Where problems arise, Attorney Mason can represent the Trustee throughout the process.
Common pitfalls Rebecca sees
Paying creditors out of order. Wisconsin's priority of claims under § 859.25 is strict; a personal representative who reimburses family members ahead of secured creditors can end up personally liable.
Missing the four-month notice to creditors. Publication is mandatory in informal probate, and shortening the window later is not possible if it was not run published at the start.
Funding mistakes on trusts. A trust only controls assets titled to it. Real estate deeded to the decedent individually, a brokerage account that was never retitled, or a 401(k) with an outdated beneficiary designation: these all fall outside the trust and may trigger probate.
Distributing too early. A personal representative who distributes before the claim period closes and before taxes are paid can be personally liable for any shortfall.
In this practice area
Go deeper
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Wisconsin Probate: How It Works
A step-by-step walkthrough of a Wisconsin probate (opening, inventory, creditor notice, final account, closing) and what the family sees along the way.
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Informal vs Formal Probate in Wisconsin
Chapter 865 vs Chapter 867: when each path applies, what triggers a move from informal to formal, and what families should expect.
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Transfer by Affidavit (§ 867.03)
Wisconsin's small-estate shortcut: who qualifies, what it collects, and where it does not reach.
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Trust Administration in Wisconsin
A successor trustee's duties under Wis. Stat. ch. 701: notice, accounting, distribution, and closing the trust.
Frequently asked
Common questions
- Do we have to go through probate if there is a will?
Yes. Unfortunately, it is a common misconception that a will avoids probate. It does not. The Will is admitted to the Probate Court and the judge needs to appoint the personal representative before he or she has authority to act on behalf of the estate. The court oversees the entire probate process, which typically lasts about a year.
The exceptions are small estates that qualify for transfer by affidavit under § 867.03, and estates where every asset is either jointly held with right of survivorship, has a beneficiary designation, or was funded into a trust during the decedent's lifetime.
- How much does Wisconsin probate cost?
Court filing fees are set by statute and are a percentage of the assets subject to probate. Attorney fees are charged by the hour and vary by complexity. Most simple probates will cost between $2,000 and $3,000 in publication fees, court costs, and attorney fees in Racine and Kenosha. When contested matters arise, the fees can exceed $20,000. All fees are paid out of estate assets.
- Who can serve as personal representative in Wisconsin?
The judge will appoint the individual named in the Will as personal representative unless he or she is unable or unwilling to serve. If there is no will, priority is given to the surviving spouse, then to heirs, and then creditors. A personal representative who lives out of state can serve but must consent to Wisconsin jurisdiction. Rebecca routinely represents out-of-state personal representatives handling a Wisconsin estate from afar.
Ready to talk?
Tell Rebecca a little about your situation. She will be in touch — usually within one business day.