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Commonly Asked Questions about Wisconsin Probate Legal Documents

The probate process is mandatory in Wisconsin for any estate that exceeds $50,000 in value, with a few exceptions. One of the notable exceptions is when the family took the time to set up a revocable trust.
Additionally, probate is required in Wisconsin for any assets without a trust that exceed $50,000. Probate is overseen by the local probate court. When someone with assets without a trust that exceed $50,000 passes away, the persons assets could end up in probate.
For records created between 1985 and June 1, 2003, you can view them in-person or online at Wisconsin Circuit Court Access. For records created after June 1, 2003, the only way to access them is online at Wisconsin Circuit Court Access.
In the state of Wisconsin, the probate process triggers automatically if the estate is worth $50,000 or more. However, there are specific exemptions where probate can be avoided.
By phone: Call the Records Department at (920) 448-4521. You will need the case number or name of the parties and specific document or information that you need. The clerk will make arrangements with you for payment and delivery by mail, in person, fax or email.
One of the easiest ways to plan to avoid probate in Wisconsin is to create a living trust. The beauty of a living trust allows for the avoidance of probate for basically any asset. This can include property, bank accounts, houses, vehicles, and more.
For example, creditors often only have less than four months from the filing to make a claim on any assets. Once all debts and taxes have been paid, the representative can transfer the ownership of the assets to the beneficiaries. During this time, they may need to: Sell property.
Probate is unnecessary if the property solely owned by the decedent totals less than $50,000 in value. Then all thats required to transfer property is completing a transfer by affidavit form. Also exempt from probate is property titled in joint ownership, which automatically passes to the surviving owner.