First Steps After a Death in Wisconsin

A medical professional must pronounce the death. If death was expected under hospice, the hospice nurse can pronounce; if unexpected, call 911. Then choose a licensed Wisconsin funeral home or cremation provider to transport and care for your loved one.

Lock the residence, keep utilities and insurance active, and avoid distributing property until authority and ownership are clear. Wisconsin is a marital (community) property state, so a surviving spouse already owns one-half of the couple's marital property (Wis. Stat. ch. 766), but the home and belongings still need to be protected.

The county Register in Probate needs the original signed will to admit it. A person who has custody of a will should deliver it after death. Also look for codicils, trusts, deeds, vehicle titles, account statements, and life insurance policies.

Certified copies are issued by the Wisconsin Vital Records Office (Wisconsin Department of Health Services) and by the local Register of Deeds. The fee is $20 for the first certified copy and $3 for each additional copy of the same record ordered at the same time (Wis. Stat. 69.22(1)(a)). The funeral home usually orders them for you. Order more than you think you need - banks, insurers, the DMV, and the court all ask for one.

Probate is handled by the Register in Probate in the Circuit Court for the county where the decedent resided. The Register in Probate is the official recordkeeper for probate matters and is where you open the estate and file the will.

Separate probate assets (solely owned) from nonprobate assets such as joint survivorship accounts, transfer-on-death and payable-on-death accounts, life insurance, and trust property. This list becomes the basis for the inventory and for deciding whether probate is needed.

If the property subject to administration in Wisconsin is $50,000 or less in gross value, an heir or other authorized person may collect and transfer the property using a transfer by affidavit instead of full probate (Wis. Stat. 867.03). Larger or more complex estates require administration, and most uncontested estates use informal administration (Wis. Stat. ch. 865).

Most uncontested estates in Wisconsin use informal administration, which is handled by the probate registrar in the county Register in Probate office without continuous court supervision (Wis. Stat. ch. 865). The person named in the will is typically appointed personal representative; if there is no will, an eligible person is appointed. File the application, the original will, and a certified death certificate with the Register in Probate, who issues domiciliary letters confirming your authority to act for the estate.

Apply for a free estate EIN from the IRS, then open a bank account in the estate's name (for example, 'Estate of Jane Doe'). Keep estate money completely separate from personal money and keep receipts for every payment and distribution.

After the estate is opened, notice of administration is given to interested persons, and notice to creditors is published so claims can be filed within the deadline set by the court. The Register in Probate can confirm the local notice and publication requirements.

The personal representative files a complete inventory of the estate within a reasonable time, but no later than 6 months after appointment, unless the court extends or shortens the time (Wis. Stat. 858.01). The inventory lists the estate's assets and their values.

Report the death to the Social Security Administration (1-800-772-1213), notify each bank and brokerage, file life insurance claims, and address debts. Creditor claims in a Wisconsin estate are handled through the probate process within the claims deadline set by the court.

Use the estate account for all estate income and expenses, and keep receipts for every transaction. Review the decedent's final federal Form 1040 and Wisconsin Form 1, federal Form 1041 and Wisconsin fiduciary returns if the estate earns income, and federal Form 706 only if the estate exceeds the federal exemption. Wisconsin has no separate state estate or inheritance tax.