When dealing with the estate of a loved one, you want the process to be as easy as possible. The last thing on your mind is setting up for a long and costly legal battle.
Fortunately, there is a path that can help you settle an estate with minimal issues. This is known as an uncontested probate.
What is uncontested probate in Wisconsin, and how does it work? Let’s look at what this means and what you can expect during the process.
When Is Probate Needed in Wisconsin?
In Wisconsin, probate is required if the person owned assets worth more than $50,000 solely in their name. These assets can include:
- Real estate
- Bank accounts
- Vehicles
- Other property
If the estate is smaller than that, some assets may be able to use a transfer by affidavit. With that, the process avoids probate.
Sometimes, probate is necessary. Many people think the process involves legal fights between the trustee and beneficiaries. However, most estates are settled in an amicable way. In these cases, an uncontested probate allows the estate to be quickly settled without issues.
What Does “Uncontested Probate” Mean?
Uncontested probate means that there are no disputes between the parties involved in settling the estate. These individuals include:
- Heirs: The family members entitled to inherit under state law if there is no will
- Beneficiaries: The individuals or organizations named in a valid will to receive specific assets
- Other interested parties: These can include creditors or anyone with a legal claim against the estate
In an uncontested probate, all parties agree about the key aspects of the estate. This includes:
- Whether the will is valid
- Who should be appointed as personal representative
- How the assets should be distributed
In short, there are no legal challenges or formal objections filed with the court. The estate can be settled in an informal process. That means minimal hearings or lengthy legal battles.
Most uncontested probate cases in Wisconsin take about 6 to 12 months from start to finish.
Uncontested probate focuses on honoring the decedent’s wishes rather than becoming involved in prolonged legal battles.
What Happens During the Uncontested Probate Process?
Like any type of legal process, probate follows certain steps. Since the estate is uncontested, you can quickly move through the process. Here is what you can expect during this time:
- Filing the paperwork: The process begins by filing a petition with the probate court in the county where your loved one lived.
- Notifying all parties: Anyone with a legal interest in the estate must be notified.
- Appointing the personal representative: The court or probate registrar officially appoints the personal representative to handle the estate.
- Inventorying the estate: The personal representative creates a detailed list of everything the deceased owned, from real estate to retirement accounts.
- Paying debts and taxes: The estate pays valid debts and any taxes owed before distributing assets to beneficiaries.
- Distributing remaining assets: The personal representative distributes the remaining assets to the rightful heirs or beneficiaries as outlined in the will.
- Closing the estate: After everything is wrapped up, the personal representative files a final report and asks the court to close the estate.
Do You Need a Probate Attorney?
In Wisconsin, you are not required to hire an attorney for informal probate. However, you may still want to have one to make the process easier.
An experienced lawyer can help you avoid delays, make sure you are legally compliant, and provide peace of mind. This can help whether you serve as the personal representative or a beneficiary wanting to protect your rights.
Find the Legal Help You Need for the Probate Process
What is uncontested probate and how does it work in Wisconsin? This type of probate is seen as the simplest and most stress-free way to settle a loved one’s estate in Wisconsin.
If you’re starting the probate process or wondering whether you need it, contact Collins Law Firm. We offer estate planning, administration, business, and elder law services.
Our experienced estate planning team helps individuals like you to build and protect your legacy. Schedule your free and confidential consultation today by contacting us or calling (414) 207-6292.