For anyone planning an estate in Wisconsin or settling one: what a will or trust costs, whether an estate needs probate, what executors and trustees are paid, and the taxes on an inheritance, each answered under Wisconsin law.
36 tools for Wisconsin
Probate in Wisconsin takes 6 months to 9 months for a simple estate and charges attorney fees of typically 1.8%Wis. 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 to 2.9%Wis. 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 of the estate; assets held in a revocable trust skip both.
Wisconsin authorizes transfer on death deedsWis. Stat. 705.15Verified Jul 15, 2026: a recorded, revocable deed that passes real property at death outside probate.
Wisconsin does not offer a transfer-on-death designation on a vehicle title; a vehicle passes by will, trust, joint title, or probate.
Wisconsin has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableWis. Stat. Ch. 865 (informal administration by probate registrar)Verified Sep 9, 2026View source.
In Wisconsin, the Circuit Court appoints the personal representative and the Probate registrar issues Domiciliary Letters; an informal (registrar) track is availableWis. Stat. Ch. 865 (informal administration by probate registrar)Verified Sep 9, 2026View source.
In Wisconsin, 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; late claims are barred.
When an estate owes more than it holds, Wisconsin pays the claims in 8Wis. Stat. § 859.25Verified Sep 23, 2026View source classes in statutory order, beginning with administration expenses.
Compare estate-account opening requirements bank by bank: channels, required documents, and steps.
Compare trust-account requirements bank by bank: how a revocable trust account is opened or retitled, and what proves the trust.
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
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.
Estimate the fair market value of household items for probate and see how it affects fees.
In Wisconsin, a will-based plan pays probate attorney fees of typically 1.8%Wis. 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 to 2.9%Wis. 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 of the estate; a funded revocable trust keeps those assets out of probate and off that fee.
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, 859.25 (Verified 2026-09-15)Verified Sep 15, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
Settling a trust in Wisconsin happens outside court: the trustee acts under the state's Uniform Trust CodeWis. Stat. § 701.0101 et seq.Verified Jul 15, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
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.