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wisconsin probate lawyer

In many cases, an estate will head to probate after a person’s death. During this time, the court will verify the will and distribute assets to beneficiaries. This process can be confusing for many people, especially if you are unfamiliar with the laws. You might want to hire an attorney to assist. 

But do you need a lawyer for probate in Wisconsin? We will answer those questions and explore why legal assistance is advisable.

Is a Lawyer Required for the Process? 

Under Wisconsin law, an attorney is not required for some probate hearings. There are informal and formal proceedings that take place in the state. If the estate is straightforward, then most can pass through an informal hearing. However if there are complications that need to be heard in front of a Circuit Court judge, that is a formal hearing, requiring an attorney. 

While working with an attorney is not mandatory in all situations, it is recommended. For many people, the probate process can be complicated. So, no, you don’t need a lawyer for some probate proceedings, but here are some reasons why you might want to retain legal advice no matter the type of hearing.

Guiding You Through the Process

The entire probate process involves several steps, from filing the will to transferring ownership of assets. While you could handle these duties on your own, probate is very time-consuming. If you don’t have a lot of extra time, you might want to hire someone else for the job.  While informal processes don’t need an attorney, relying on that experience can help to quickly move through probate. 

Handling Problems

While you hope the probate process moves quickly and easily, that is not always the case. Sometimes, the will could be contested, or a creditor could make a claim. In these cases, you are required to have an attorney by your side for a formal hearing if the matter. 

During this time, they can help provide the right advice to handle these hurdles. With their help, they can represent your interests and resolve any issues that could develop throughout the proceedings. 

Assisting with Complex Estates

Some estates have special issues that must be considered, and a lawyer is needed for these cases. For example, if there are high-value assets or specific wishes in the will, those issues need to be addressed. Your attorney is there to ensure you make decisions that adhere to all legal requirements in the state. Whether you need to create trusts, manage tax implications, or address specific bequests, their experience is invaluable during these times. 

Avoiding Costly Mistakes

The probate process is filled with deadlines, paperwork, and legal formalities. If you make a mistake or miss a deadline, that can be a costly error. Hiring an attorney can make sure that you follow all the proper procedures. In turn, you can minimize any risk of making an error. During this time, they can help with:

  • Handling estate taxes
  • Notify creditors and beneficiaries
  • Distributing assets
  • Filing documents
  • Meeting all deadlines

As the personal representative, you have the authority to choose a lawyer to help protect your interests. You’re not limited to the one who drafted the will. 

When you are ready to work with an attorney, you will want someone with experience and skills to handle these matters. You need someone that you can count on throughout the probate process. 

We Can Assist with Probate Issues in Wisconsin

Do you need a lawyer for probate in Wisconsin? Under certain circumstances, the answer is no. But if there is a contested will or other formal hearing, you will need one. Their experience can save time, reduce stress, and prevent costly missteps. If you want a smooth and efficient process, a skilled lawyer can help you avoid many of those pitfalls. 

If you want the assistance of an attorney, contact the Collins Law Firm. We offer comprehensive estate planning, administration, business, and elder law services. Schedule your free and confidential consultation today by contacting us or calling (414) 207-6292.

Talk to someone about your estate plan today. Free and Confidential.

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