What Do I Do When Someone Dies in Wisconsin?

After a death in Wisconsin, the estate either qualifies for the simplified procedure for estates under $50,000small estate: § 867.03Verified Sep 9, 2026View source or goes through probate, where creditors have 4 monthsWis. Stat. § 859.01 (3-4 month deadline set by court)Verified Sep 9, 2026View source to file claims after notice.

Certified copies come from the Wisconsin Department of Health Services - Vital Records OfficeWisconsin Department of Health Services - Vital Records OfficeVerified Oct 15, 2026View source; the funeral home usually places the first order. The first certified copy costs $20Wisconsin Department of Health Services - Vital Records OfficeVerified Oct 15, 2026View source and each additional copy ordered with it $3Wisconsin Department of Health Services - Vital Records OfficeVerified Oct 15, 2026View source; standard processing takes About 10 business days by mail; about 5 business days onlineWisconsin Department of Health Services - Vital Records OfficeVerified Oct 15, 2026View source. Banks, insurers, government agencies and retirement plans each want a certified copy, so the first order is for several. The Wisconsin death certificate guide carries the ordering details.

Wisconsin sets an order for who controls the disposition of remains: surviving spouse, then surviving children, then surviving parentsWis. Stat. § 154.30(2)(a)Verified Oct 17, 2026View source. The state allows you to name your own agent in advanceWis. Stat. § 154.30(8)Verified Oct 17, 2026View source, and a written designation outranks the default order. The Wisconsin burial and cremation law guide carries the rest of the rules.

Only for what the decedent owned alone with no beneficiary named. Assets in a living trust, accounts with a named beneficiary and property owned jointly with right of survivorship pass outside probate. For the rest, Wisconsin allows estates valued at $50,000small estate: § 867.03Verified Sep 9, 2026View source or less to use the Transfer by Affidavitsmall estate: § 867.03Verified Sep 9, 2026View source, which avoids full probate administration. The Transfer by Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. There is no statutory waiting period.

Wisconsin uses Petition for Formal Administration (PR-1901)Wis. Stat. ch. 856 (formal opening, qualification, letters) & ch. 865 (informal administration); § 856.21 (persons entitled to domiciliary letters — priority); § 865.08 (informal appointment; letters)Verified Aug 24, 2026View source, filed with the Circuit CourtWis. Stat. ch. 856 (formal opening, qualification, letters) & ch. 865 (informal administration); § 856.21 (persons entitled to domiciliary letters — priority); § 865.08 (informal appointment; letters)Verified Aug 24, 2026View source. Probate registrar issues Domiciliary Letters after the court grants the petition. The Wisconsin Letters Testamentary guide carries the documents, the bond and the self-filing rules.

A simple estate in Wisconsin typically settles in 6 months to 9 months, and an average estate in 9 months to 12 months. The creditor claim period of 4 monthsWis. Stat. § 859.01 (3-4 month deadline set by court)Verified Sep 9, 2026View source is the floor: final distribution waits for it to run. Assets in a living trust settle privately, without the court's timeline.

Forms for Settling an Estate in Wisconsin

Free forms for settling an estate in Wisconsin: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Wisconsin.

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Affidavit of Death

In Wisconsin, a surviving joint owner or a transfer on death deed beneficiary records the “Termination of Decedent’s InterestWisconsin Register of Deeds Association form HT-110 and TOD-110, Version 6.21.18Verified Oct 26, 2026View source”.

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IRS Form 56

Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.

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Digital Assets Recovery Letter

Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.

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Notice to Creditors

In Wisconsin, the notice to creditors is published for 3Wis. Stat. §§ 859.01, 859.02, 859.07, 859.25Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 4 monthsWis. Stat. § 859.01 (3-4 month deadline set by court)Verified Sep 9, 2026View source from the personal representative's appointment to present claims.

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Affidavit of Heirship

In Wisconsin, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areWis. Stat. §§ 706.05, 706.06, 706.09(1)(i); WisDOT Form MV2300Verified Sep 24, 2026View source.

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Small Estate Affidavit

In Wisconsin, the Transfer by Affidavitsmall estate: § 867.03Verified Sep 9, 2026View source covers estates valued at $50,000small estate: § 867.03Verified Sep 9, 2026View source or less, presented directly to the bank or other holder, not filed with a court.

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Estate Inventory

In Wisconsin, 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.

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Estate Closing

In Wisconsin, the personal representative is discharged automatically once the statutory period runsWis. Stat. §§ 865.16(2), 865.18, 863.47Verified Sep 15, 2026View source, and a final accounting is required.

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Tools for Settling an Estate in Wisconsin

Free tools for settling an estate in Wisconsin: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Wisconsin.

How Many Death Certificates Do I Need?

In Wisconsin, 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; the first copy costs $20Wisconsin Department of Health Services - Vital Records OfficeVerified Oct 15, 2026View source, additional copies $3Wisconsin Department of Health Services - Vital Records OfficeVerified Oct 15, 2026View source each.

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Do I Need Probate?

In Wisconsin, estates valued at $50,000small estate: § 867.03Verified Sep 9, 2026View source or less skip probate with the Transfer by Affidavitsmall estate: § 867.03Verified Sep 9, 2026View source.

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What Happens to Jointly Owned Property When an Owner Dies?

When a joint owner dies in Wisconsin, what the survivor records is the “Termination of Decedent’s InterestWisconsin Register of Deeds Association form HT-110 and TOD-110, Version 6.21.18Verified Oct 26, 2026View source”.

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Do I Have to File Tax Returns for Someone Who Died?

Wisconsin requires a final state income tax return for the decedent alongside the federal Form 1040Wis. Stat. § 71.06(1r), (2e)(bm); Wis. Stat. § 71.05(22)(dp), (dt)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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How Do I Settle an Estate?

Settling an estate in Wisconsin: 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; creditors have 4 monthsWis. Stat. §§ 859.01, 859.02, 859.07, 859.25Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.

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How Much Are Estate & Inheritance Taxes?

Wisconsin levies no estate or inheritance taxWis. Stat. § 72.36 (Sunset; 2013 Wis. Act 20) — the ch. 72 estate tax "does not apply to deaths occurring after December 31, 2012, unless the federal estate tax law is modified to provide a federal estate tax credit for state death taxes." Ch. 72 remains on the books as a dormant federal-credit (pickup) tax that computes to $0, not a repealed one. Wisconsin has no inheritance tax for decedents dying on or after January 1, 1992 and no gift tax for gifts made on or after January 1, 1992 (WI DOR, Estates, Trusts, and Fiduciaries common questions).Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.

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What Taxes Apply to My Inheritance?

Wisconsin imposes no inheritance or estate taxWis. Stat. § 72.36 (Sunset; 2013 Wis. Act 20) — the ch. 72 estate tax "does not apply to deaths occurring after December 31, 2012, unless the federal estate tax law is modified to provide a federal estate tax credit for state death taxes." Ch. 72 remains on the books as a dormant federal-credit (pickup) tax that computes to $0, not a repealed one. Wisconsin has no inheritance tax for decedents dying on or after January 1, 1992 and no gift tax for gifts made on or after January 1, 1992 (WI DOR, Estates, Trusts, and Fiduciaries common questions).Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.

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Hire a Wisconsin Probate Attorney

Browse 61 probate firms in Wisconsin with addresses, contact info, and practice details.

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Wisconsin Estate Settlement Resources

In-depth guides covering Wisconsin probate, estate administration, and settling an estate.