What Do I Do When Someone Dies in Wisconsin?
A step-by-step checklist for the days, weeks, and months after a death, with the state's rules, deadlines, fees, and official forms noted on the steps they apply to. Free PDF.
Frequently Asked Questions
Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy. Order from Wisconsin Department of Health Services - Vital Records Office. Fee: $20/copy ($3 additional). Available: online, phone, mail, in-person. Processing: About 10 business days by mail; about 5 business days online.
State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Designated representative under decedent's authorization for final disposition; then Surviving spouse; then Surviving child(ren) (majority rules if multiple); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.
Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $50,000. Informal (unsupervised) probate available. Independent administration reduces court oversight.
Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. Statewide form: PR-1901 (Petition for Formal Administration). File with the Circuit Court (Probate), in the county where the decedent was domiciled. Filing fees vary by estate value. Informal probate available. Independent administration reduces court supervision. Typical duration: 6-24 months.
Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Domiciliary Letters are issued by the Probate registrar (register in probate) in informal administration; the circuit court in formal administration — Domiciliary Letters (PR-1810) issue on qualification. The state's title for the role is Personal Representative. The Letters document is official form PR-1810 (Domiciliary Letters (Informal and Formal Administration)). Typically filed with the petition: Certified copy of the death certificate — NOT a filed document in Wisconsin. No statute or statewide probate form requires one to open an estate or obtain Letters; where a Register in Probate asks to see one, the clerk abstracts it onto form GF-162 and hands the original back (Wis. Stat. § 69.24(1)(a) makes copying a vital record a Class I felony); Original will and any codicils, filed with the court (Wis. Stat. § 856.05 — duty to deliver the will within 30 days of knowledge of the death); Proof of Heirship (Informal and Formal Administration) (PR-1806) to establish the decedent's heirs (Wis. Stat. §§ 852.01, 854.03, 863.23); Consent to Serve (Informal, Formal, and Special Administration) (PR-1807) (Wis. Stat. §§ 856.23, 865.08(2)); Waiver and Consent of interested persons (PR-1803 informal / PR-1846 formal) where required (Wis. Stat. § 879.09); Notice to creditors / notice setting deadline for filing claims (PR-1804 / PR-1805) (Wis. Stat. §§ 859.01, 859.07); Bond unless the court orders appointment without bond (PR-1809A Signature Bond in Estate or Trust Proceedings) (Wis. Stat. § 856.25).
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Death of a Parent
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Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
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Named as Executor
What an executor actually does: getting appointed, notifying creditors, paying debts and taxes, and where personal liability starts.
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Named as Trustee
Being named trustee means managing trust assets and carrying out the grantor's wishes. Your duties, timeline, compensation, and how to get started.
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Calculators and checklists for executors and trustees.
Petition for Probate and Letters
Prepare the application to open probate and request Letters Testamentary or of Administration.
Notice to Creditors
Prepare the creditor notice for an estate — the official state form or a notice typeset to statute, plus mailed notices for known creditors.
Renunciation of Executor
Decline an appointment as executor — the writing filed with the court, drafted to your state's rule, with its deadline and filing office.
Affidavit of Heirship
Prepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, composed to your state's statute with its recording instructions.
Small Estate Affidavit
Prepare the affidavit that collects a small estate's property without probate — the official state form or an affidavit drafted to statute, plus a presentation letter for each holder.
Estate Inventory
Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.
How Much Does Probate Cost?
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate in your state. See if the estate qualifies for simplified probate procedures.
How Much Can an Executor Charge?
Calculate how much an executor (personal representative) can charge for administering an estate. See if your state has statutory fees or uses reasonable compensation.
Who Inherits Without a Will?
Find out who inherits your estate and how much they get if you die without a will. Based on your state's intestate succession laws.
What's Fair Trustee Compensation?
Find out what's fair compensation for serving as trustee. Compare family, professional, and corporate trustee rates based on your situation.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax (12 states + DC), and inheritance tax (5 states) for an estate or trust.
How Many Death Certificates Do I Need?
Calculate how many certified death certificates you need based on the assets and accounts you need to close. See state-specific ordering information.
Hire a Wisconsin Estate Administration Attorney
Browse 1 estate administration firm in Wisconsin with addresses, contact info, and practice details.
Wisconsin Estate Settlement Resources
In-depth guides covering Wisconsin probate, estate administration, and settling an estate.
