Common Wisconsin Probate Mistakes to Avoid

Wisconsin is a marital property state

Under Chapter 766, the surviving spouse already owns one-half of each item of marital property; probate distributes only the decedent's net probate estate, not the spouse's existing half.

The filing fee is based on NET value at inventory

The register in probate filing fee under Wis. Stat. 814.66(1)(a) is 0.2 percent of the net value of property subject to administration over $10,000, computed and paid when the inventory is filed, not at the petition.

Calendar the creditor claim deadline

The court sets a claims deadline of not less than 3 nor more than 4 months from the date of the order setting the time to file claims under Wis. Stat. 859.01; the deadline runs from the order, not from the date of death.

A handwritten will is not enough

Wisconsin does not recognize holographic (unwitnessed handwritten) wills; a valid will must be signed by two witnesses under Wis. Stat. 853.03.

Both spouses must sign a TOD deed on marital property

A transfer-on-death deed under Wis. Stat. 705.15 covering marital real estate generally requires both spouses to sign, and survivorship marital property cannot be TOD-designated.

There is no Wisconsin estate, inheritance, or probate tax

The 814.66 filing fee is a court filing fee, not a tax; Wisconsin's estate tax does not apply to deaths after December 31, 2007, and there is no Wisconsin inheritance tax.