Wisconsin Inheritance: Plan an Estate or Settle One

Wisconsin has not adopted the Uniform Probate Code, has enacted the Uniform Trust CodeWis. Stat. § 701.0101 et seq.Verified Oct 17, 2026View source, and has adopted the Uniform Power of Attorney ActWis. Stat. § 244.05Verified Sep 20, 2026View source.

Probate of a simple estate in Wisconsin runs 6 months to 9 months; an average estate takes 9 months to 12 months. The court filing fee is 0.2% of the net probate estate, minimum $20Wis. Stat. § 814.66(1)(a)2.Verified Sep 9, 2026View source; attorney fees are reasonable compensationWis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys — estate value may not be the controlling factor)Verified Sep 9, 2026View source. On a $500,000 estate the estimated total comes to $22,090Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys — estate value may not be the controlling factor)Verified Sep 9, 2026View source. The personal representative must post a bondWis. Stat. § 856.25 (bond solely within court discretion; will requests not binding)Verified Sep 9, 2026View source, which the will may waiveWis. Stat. § 856.25 (bond solely within court discretion; will requests not binding)Verified Sep 9, 2026View source. Informal, unsupervised probate is availableWis. Stat. Ch. 865 (informal administration by probate registrar)Verified Sep 9, 2026View source for uncontested estates.

Certified death certificates come from the Wisconsin Department of Health Services - Vital Records OfficeWisconsin Department of Health Services - Vital Records OfficeVerified Oct 15, 2026View source at $20Wisconsin Department of Health Services - Vital Records OfficeVerified Oct 15, 2026View source a copy, $3Wisconsin Department of Health Services - Vital Records OfficeVerified Oct 15, 2026View source for each additional copy ordered with it. Processing time: About 10 business days by mail; about 5 business days onlineWisconsin Department of Health Services - Vital Records OfficeVerified Oct 15, 2026View source. Once appointed, the personal representative files the estate inventory within 180 daysWis. Stat. §§ 858.01, 858.13, 858.15, 858.17Verified Sep 15, 2026View source of appointment and publishes the notice to creditors for 3Wis. Stat. §§ 859.01, 859.02, 859.07, 859.25 (Verified 2026-10-19)Verified Oct 19, 2026View source consecutive weeks.

A surviving spouse left out of the will can elect to take a statutory share insteadWis. Stat. §§ 861.02, 861.08, 861.10Verified Sep 15, 2026View source. Property left to a minor under the Uniform Transfers to Minors Act is released at 21 yearsWis. Stat. §§ 54.854-54.898Verified Sep 15, 2026View source of age. Wisconsin taxes incomeWis. Stat. § 71.06(1r), (2e)(bm); Wis. Stat. § 71.05(22)(dp), (dt)Verified Sep 20, 2026View source at a top rate of 7.65%Wis. Stat. § 71.06(1r), (2e)(bm); Wis. Stat. § 71.05(22)(dp), (dt)Verified Sep 20, 2026View source. An heir's capital gains on inherited assets: state tax on the 70% of long-term gain left after a 30% exclusionWis. Stat. § 71.05(6)(b)9 (30% general LTCG exclusion; reaches estates and trusts per § 71.125(1))Verified Sep 15, 2026View source.