The What-Who-Where-When-Why-How of Probate

Regardless of whether you are a seasoned pro or have never heard the word probate before, understanding the basics is vital.  Before you jump into the deep end, here are some probate basics to get your feet wet.

What: Probate is the court process that governs how an individual's assets and property pass to their heirs or beneficiaries upon their death. The probate administration process generally depends on whether a decedent died with a valid Will.

• If there is a Will. The Will nominates an individual to serve as personal representative, the person to handle the administration and direct who will receive the decedent’s property.
• If there is no Will. If the decedent did not establish a Will, state law provides the process for appointing a personal representative to administer the estate and default rules for distribution called intestate succession.^[1] 

Who: There are several ways that people can be involved in the probate process.  Some common ways include, but are not limited to, as personal representative, an heir, and/or a beneficiary.  One person can be included in the probate process in multiple ways.

• The personal representative is the person authorized by the court to act on behalf of the estate.^[2] If there is a Will, this person is often the individual nominated in the Will.
• The heirs of an estate are the individuals who would be entitled to a distribution through intestate succession.^[3] When there is a Will, heirs are only included in the process until the Will is admitted by the court.
• The beneficiaries of an estate are the individuals named in a Will to receive an interest in the decedent’s assets or property.^[4] If there is no Will, there are no beneficiaries.

Where: The probate process is supervised by the county courts.  In most cases, the probate administration will occur in the county where the decedent was domiciled or had their legal residence on their date of death.^[5]  

• If the decedent was not domiciled in Wisconsin, the probate will be administered in any county where property of the decedent is located.^[6]

When: Probate administrations do not follow a single uniform timeline, and the timeline will vary for each situation.  Each county court has different local practices for setting closing deadlines for an estate that typically range from 12- to-18 months.  These deadlines can be extended, subject to approval of the court, if good cause is shown for needing additional time. 

Some general probate timeframes to expect may include:

• 30 Days. File the decedent’s Will.^[7]
• 3-4 Months. Claims filing deadline for certain creditors.^[8]  This is the earliest that an estate can be closed.
• 12-18 Months. Approximate timeframe to close a probate estate.^[9]

Why: The reasons why an estate might end up in probate vary widely such as having no estate plan or that forgotten parcel of land grandma owned up north.

Common mechanisms to look for that avoid probate may include:

• Estate Plan Documents (other than the Will).
• Beneficiary Designations.^[10]
• Certain Jointly Titled Assets.^[11]

How: How to administer a probate estate can be a complex conversation with important (and frequently unexpected) variables. To make sure you proceed appropriately based on your unique cirumstances, you should reach out to an experienced estate and trust administration attorney to assist you with understanding the landscape and the steps needed to navigate the probate administration process as efficiently as possible. 

This is only a brief overview of probate in Wisconsin and the process in other states may vary. While more information will be needed to fully administer an estate, these basics will give you a starting point to wade into probate.

^[1] See generally Wis. Stat. § 852.01 (2026).
^[2] Wis. Stat. § 857.03 (2026).
^[3] See Wis. Stat. §851.09 (2026).
^[4] See Wis. Stat. §851.03 (2026).
^[5] Wis. Stat. § 856.01(1) (2026)
^[6] Wis. Stat. § 856.01(2) (2026).
^[7]See Wis. Stat. § 856.03 (2026) (Any person in possession of the Will of a decedent must either file the Will with the Court or deliver it to the named personal representative within 30 days of having knowledge of the decedent’s death).
^[8] See Wis. Stat. § 859.01 (2026); Wis. Stat. § 859.02 (2026); and Wis. Stat. § 859.48 (2026). (The court will set a deadline between 3- to 4-months from the date of the court’s order for certain creditors to file claims. For certain creditors, the claim filing deadline may extend to one year from the decedent’s date of death).
^[9] See Wis. Stat. 863.35 (2026) (Wisconsin law requires that good cause be shown if an estate is not closed within 18-months of filing the initial probate petition. The court will set a deadline between 12- to 18-months to close an estate. This deadline can be extended upon approval of the court, if needed.)
^[10] Transfer on death (TOD), pay on death (POD), or other designation forms generally direct the distribution of your assets outside of probate.
^[11] Some assets have a presumption of survivorship to a co-owner if titled correctly such as bank accounts, vehicles, and even real estate.