General Probate

Probate generally is the legal process by which a decedent’s property is transferred to their heirs and/or beneficiaries and their debts are satisfied. The property that is subject to a probate administration, in which the court is involved, consists of property that is in the decedent’s name alone that does not have a beneficiary attached to it.

In Wisconsin there a number of different court procedures that can accomplish the transfer of a decedent’s property to his/her heirs and/or beneficiaries. The following is a list of these procedures that are administered through the probate court:

Formal Probate Administration;
Informal Probate Administration;
Summary Settlement;
Summary Assignment;
Termination of Joint Tenancy or Life Estate;
Summary Confirmation of Interest in Property;
Determination of Descent of Property; or
Special Administration.

All of the above procedures, with the exception of an informal probate administration, are considered formal probate proceedings and are held before a Circuit Court Judge or a Circuit Court Commissioner. An informal probate administration is an administrative proceeding that is managed and heard by the Register/Registrar in Probate or one of the Deputy Registers/Registrars in Probate.