A Commitment to Clarity & Support Throughout Your Probate Process
The combined complexities of your estate executors duties and dealing with your emotional loss of a family member or friend can leave you feeling exhausted and overwhelmed.
As a certified probate real estate specialist, I’m committed to give you a clear picture of all your options so that you feel you are making the best decisions every step of the way during your probate settlement.
Probate is Difficult...
I Can Help
From start to finish, I support you and your efforts through consistent quality communication and actions that decrease your overall workload. When you need help with your property, I take care of providing you with and scheduling the industry’s best professionals who not only are the best at their craft, but are compassionate and caring people.
Having helped many executors like yourself, I understand that managing the details of an estate for a family member or friend who has passed on can be a challenging responsibility.
From the initial filing paperwork until the real estate is sold and you are ready to settle the estate, my goal is to support, guide, and provide you a clear picture of all your options so that you feel you are making the best decisions as a probate estate executor.
Between the uncertainties of the probate process and the mind still processing your loss, critical details can be overlooked and mistakes can be made.
One of the best ways to get educated is by getting a copy of my free ebook called the 7 BIG Mistakes Most Executors Make While Going Through Probate… Learn what they are AND how to avoid them in less than 10 minutes.
White Glove Probate Services
Comprehensive Probate support for your family's needs.
Probate is Difficult - I Can Help
From start to finish, I support you and your efforts through consistent quality communication and actions that decrease your overall workload. When you need help with your property, I take care of providing you with and scheduling the industry’s best professionals who not only are the best at their craft, but are compassionate and caring people.
Frequently Asked Questions
A Commitment to Clarity & Support Throughout Your Wisconsin Probate Process.
What is Probate?
Probate is the legal procedure in which an estate is settled, debts are paid, and assets are distributed to beneficiaries or heirs. Probate, which is overseen by the state’s probate court, involves first proving a will is valid (if there is one) then appointing someone who will administer the estate until it’s settled.
How long does probate usually take to complete?
As a general rule, the probate process takes 9 to 18 months. Some states like Wisconsin have a simplified probate process for simple or small estates that don’t require much court oversight. With a simplified probate, the process can be completed in weeks.
However, probate can, on occasion, take 1-3 years or even longer. There are many factors that can affect the probate process. Probate may up to several years if any of these issues complicate probate:
>> The state’s probate court process.
>> Difficulty locating beneficiaries or heirs.
>> The number of beneficiaries and where they live.
>> A contest of the will by beneficiaries or heirs.
>> Real estate and property that can’t be sold easily.
>> Unsettled liens and claims against the estate.
>> Failing to notify creditors during the claim period.
>> Personal representative fails to meet their legal obligations.
>>The estate is large enough to owe estate taxes.
How is the probate process started?
Probate doesn’t begin automatically when someone passes away. When a will is identified, the executor named in the will can begin the probate process by filing a petition with the court to be officially acknowledged as the legal executor. The will and death certificate must also be filed.
If there is no will, an administration process is started instead. A petition must still be filed with the probate court to appoint an administrator for the estate.
Once this petition is filed, the court schedules a hearing to approve the appointed executive/administrator or listen to objections, if any. Notice of the hearing must be given to all beneficiaries and heirs of the decedent. Once an executive/administrator is approved, the probate case is opened with the court and the executive/administrator has the legal authority to act on behalf of the estate.
How does the probate process work in Wisconsin?
The probate process varies by state. Some states also have a simplified probate process for small or simple estates.
As a general rule, however, probate goes through a series of steps designed to validate the will, and ensure its instructions are followed, (if there is a will), pay debts of the estate, and distribute remaining assets to the intended beneficiaries and heirs.
Probate usually goes through the following steps:
>> If there is a will, it is submitted to the probate court.
>> A notice of Petition for Probate is published and a personal representative is appointed. The executor/administrator then files a formal petition with the court to probate the decedent’s estate.
>> Creditors may make claims against the estate for a period of time.
>> The personal representative identifies and gathers assets of the estate. These assets must be safeguarded and maintained.
When necessary, assets are liquidated to pay valid claims against the estate.
>> The personal representative files a final tax return.
A final petition is filed with the court to explain expenses, assets received and disbursed, how funds were used, and which debts were paid.
>> Once the petition is approved, assets are distributed to beneficiaries and heirs and the estate is settled.
When someone dies without a will, probate is a bit different. In this case, an administrator will be appointed by the court. The administrator performs the same tasks as a personal representative or executor to identify heirs, locate and value assets and debts, and distribute assets. Most states will make a spouse or domestic partner the administrator or adult children. The estate’s assets will be distributed according to the state’s intestate succession laws.
How is the probate process started?
Probate doesn’t begin automatically when someone passes away. When a will is identified, the executor named in the will can begin the probate process by filing a petition with the court to be officially acknowledged as the legal executor. The will and death certificate must also be filed.
If there is no will, an administration process is started instead. A petition must still be filed with the probate court to appoint an administrator for the estate.
Once this petition is filed, the court schedules a hearing to approve the appointed executive/administrator or listen to objections, if any. Notice of the hearing must be given to all beneficiaries and heirs of the decedent. Once an executive/administrator is approved, the probate case is opened with the court and the executive/administrator has the legal authority to act on behalf of the estate.
How much does probate cost?
The cost of probate depends on many factors including:
>> Wisconsin State law
>> Local practices which varies by County
>> Complexity of the estate
>> Whether a probate attorney is involved
>> Whether the will is challenged
>> Executor fees, if any
>> The cost of the surety bond
As a general rule, probate can cost anywhere from 2% to 7% of the estate’s total value. The cost can be even higher with complex estates and especially if the will is contested.
Many of these fees are set and can’t be changed or negotiated. Costs can depend greatly on your state. In some states like California, statutory attorney fees are set as a percentage of the estate’s gross value, not the net value which is usually lower. Only the following states have percentage fees allowed by statute: Arkansas, California, Florida, Iowa, Missouri, Montana, and Wyoming. In other states, probate attorneys may charge a flat fee or by the hour.
With many professionals you will use, you may be able to negotiate a lower rate, however, even when the statute provides for a percentage fee.
Do I need a probate lawyer?
There is almost never a legal requirement to use a lawyer during the probate process, although probate can be complex and very formal.
Some states like Wisconsin do require an attorney for the probate process. A missed deadline or failing to follow proper procedures can result in an executor being liable for mistakes or debts, for example.
As a general rule, a probate lawyer is recommended for estates in Wisconsin that are complex enough to require probate.
Contact Jeffrey B Thompson, CPRES SRES CPE
(262) 444-0020
W63N605 Hanover Ave #364, Cedarburg WI 53012