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Living Trusts In Wisconsin, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).
There are many types of assets that do not go through probate in Wisconsin, such as: Assets with beneficiary designations, such as life insurance, retirement accounts, and annuities (NOTE: if you name your Estate as the beneficiary, the asset WILL have to go through probate!)
Informal probate is the administration of a deceased persons estate without continuous court supervision. Instead, informal probate is supervised by a Probate Registrar. Although consulting a Wisconsin probate attorney is usually wise, doing so is not required by law for informal probate administration.
Any Wisconsin estate that is valued in excess of $50,000 must go through the probate administration process unless the property is subject to certain exemptions. For example, assets placed in a revocable living trust or life insurance proceeds are not subject to probate.
How long does the probate process take? The probate process takes around a year on average, from the date of the persons death to the estate being distributed. It may take less time, but even simple estates usually take a minimum of six months to complete probate.
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It will rarely take 18 months to complete probate in Wisconsin, but it will not take less than 6 months. This is because the courts need to give creditors time to be notified. It also allows people time to get issues resolved and any taxes filed.
The distinguishing feature between formal and informal probate is the level of court involvement. A formal probate is presided over by a Circuit Court Judge while an informal probate is supervised by a county register in probate.
Informal administration is the administration of a decedents estate, with or without a Will, without the continuous supervision by the court. Informal Administration is supervised by the Register in Probate.
Is probate required in Wisconsin? Probate is required in Wisconsin if you have a Will and an estate worth $50,000 or more. It is a statutory law in Wisconsin that a Will for an estate of $50,000 or more must be verified as authentic and distributions carried out in accordance with the terms of the Will.
Living Trusts In Wisconsin, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. You need to create a trust document (its similar to a will), naming someone to take over as trustee after your death (called a successor trustee).