Probate in Wisconsin: small estates, no will, and skipping court

Updated 2026-10-18

The short answer

In Wisconsin, family can collect property by small estate affidavit if the probate property is worth $50,000 or less in gross value, not net of debts. Larger estates go through informal or formal probate. A recorded TOD designation can pass a house without court. Wisconsin has no estate or inheritance tax.

When someone dies in Wisconsin, the family's first question is usually practical. Do we have to go to court, and how long will it take?

Sometimes the answer is no. Wisconsin has a small estate affidavit, an informal probate run by a registrar, and a way to pass a house without court at all. This page covers each one, plus who inherits if there is no will. It is part of our state-by-state estate planning guides. If the word is new, start with what probate is.

Can my family use a small estate affidavit in Wisconsin?

Yes, if the estate is small enough. The test is that the person's Wisconsin property subject to administration is worth $50,000 or less in gross value (Wis. Stat. 867.03).

Gross means before debts. Many summaries online miss this.

Who can sign the affidavit:

An heir.
The trustee of the person's revocable trust.
The person named in the will as personal representative.
The person's guardian.

There are a few conditions to know:

Named personal representative only: if that person is not also an heir, trustee or guardian, the bank must wait 30 days before paying, and that person can't take real estate by affidavit.
Real estate: the person signing must give the heirs 30 days' notice, by certified mail or personal delivery, before recording the affidavit with the register of deeds.
Medicaid: if the person or their spouse received Medicaid or certain long-term care benefits, the Department of Health Services must get notice by certified mail first.

If the affidavit doesn't fit, Wisconsin has two short court procedures for estates of $50,000 or less: summary settlement and summary assignment (Wis. Stat. 867.01, Wis. Stat. 867.02). Summary settlement is mainly for families with a surviving spouse, domestic partner or minor children.

Who inherits if there's no will?

Wisconsin is a marital property state, which is its version of community property. That shapes everything here.

When a married person dies, the surviving spouse keeps their own half of the marital property. That half is not part of the estate at all (Wis. Stat. 861.01).

For the rest, the law sets the order (Wis. Stat. 852.01):

Spouse, and all children are the spouse's too (or no children): the spouse takes everything.
Spouse, and a child who is not the spouse's: the spouse takes half of the other property, but none of the deceased spouse's half of the marital property. That half goes to the children.

This blended-family rule surprises people.

Anything that doesn't pass to a spouse goes in this order:

Your children and other descendants, by family line.
Your parents.
Your brothers and sisters, and the children of any who died.
Half to your mother's side and half to your father's side: grandparents or their descendants.
If there are no relatives on the list, the state school fund.

Friends never appear on this list. If you want a friend, a church or a neighbor to receive anything, it has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.

Who serves as personal representative?

Wisconsin calls the executor a "personal representative." In formal probate, the court appoints the person named in the will first. After that, it may choose anyone interested in the estate, or their nominee, and then anyone it selects (Wis. Stat. 856.21).

In informal probate, the registrar appoints the person named in the will or requested by the family. If that person does not qualify, it must be a bank or trust company, or an individual, that everyone interested agrees to (Wis. Stat. 865.08).

A personal representative is a fiduciary: legally required to act in the estate's interest and follow what the will says.

Can someone out of state serve?

Yes, with conditions. A nonresident must appoint a Wisconsin resident as agent to accept legal papers for the estate, and file that with the court (Wis. Stat. 856.23).

Even then, the court may refuse or remove a nonresident at its discretion. The court also decides whether a bond is needed, even if the will waives it (Wis. Stat. 856.25).

Informal or formal probate: which one?

Informal administration is handled by the probate registrar without ongoing court supervision (Wis. Stat. 865.01). It is available when the will names a personal representative who accepts and the will doesn't forbid it. With no will, everyone interested must agree to it in writing (Wis. Stat. 865.02).

Anyone interested can ask for formal proceedings before a judge instead.

An informal estate can be closed by the personal representative's sworn closing statement after the creditor deadline (Wis. Stat. 865.16). Our post on the probate process walks through the steps, and how long probate takes covers timing.

How long do creditors have?

When probate opens, the court or registrar sets a claims deadline 3 to 4 months from the date of its order (Wis. Stat. 859.01). Debts not filed by then are generally barred.

There are exceptions, including funeral and administration costs, certain taxes, state Medicaid recovery, and known creditors who weren't notified at least 30 days before the deadline. Those exceptions are listed in Wis. Stat. 859.02. Its cross-reference notes that all claims are barred if probate isn't started within six years after death.

How much is the personal representative paid?

Wisconsin sets a rate: 2 percent of the inventory value of the property, less mortgages and liens, plus net gains during administration (Wis. Stat. 857.05). The court approves it.

A different rate can be agreed in writing, either by the person before death or by the heirs receiving most of the estate. Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Yes. Wisconsin lets you record a "TOD beneficiary" designation, often as a transfer-on-death deed, naming who gets the property at your death (Wis. Stat. 705.15).

What to know:

It must be recorded with the county register of deeds before your death.
For marital property, both spouses must sign.
You can revoke it only by a later recorded designation, a recorded revocation, or a deed that expressly revokes it. A will can't revoke it.
If no beneficiary survives you, the property goes to your estate. Name a backup.

A living trust is the other common way to keep a home out of court. Our post on what a trustee does explains that role, and how to avoid probate compares the options.

Will my heirs owe Wisconsin estate or inheritance tax?

No. Wisconsin has no estate tax for deaths after 2007, and no inheritance or gift tax since 1992 (Wisconsin Department of Revenue).

Which path fits?

Situation	Likely path in Wisconsin
Probate property of $50,000 or less, gross	Small estate affidavit
Under $50,000, but the affidavit won't work	Summary settlement or summary assignment in court
House with a recorded TOD designation	Passes to the beneficiary without probate
Larger estate, will names a personal representative, no disputes	Informal administration with the registrar
No will, and the family agrees	Informal administration, with everyone's written consent
Family disagrees, or the will is challenged	Formal administration before a judge

Here is a typical case, a composite. Helen, 76, lived in Madison and never married. Her condo had a recorded TOD designation naming her nephew. Her checking account held $18,000. Her nephew used the affidavit for the account, and the condo passed under the designation. There was no court case.

Some people would rather not leave this to a nephew in another state. Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it steps in and settles the estate, that work is charged by the hour, and you see the rates before anything starts.

Before death, the papers that matter most are your powers of attorney. See our Wisconsin financial power of attorney guide and Wisconsin medical power of attorney guide.

Common questions

What is the small estate limit in Wisconsin?

$50,000 or less in gross value of the Wisconsin property subject to administration. Gross means debts are not subtracted.

Does a surviving spouse inherit everything in Wisconsin?

Only if there is no will and either there are no descendants or all of them are also the spouse's. If the person who died had a child from another relationship, the spouse gets none of the deceased spouse's half of the marital property. The spouse always keeps their own half.

Can someone who lives in another state be a personal representative in Wisconsin?

Yes, if they appoint a Wisconsin resident as their agent for legal papers and file it with the court. The court can still refuse a nonresident.

Does Wisconsin have an inheritance tax?

No. Wisconsin has no inheritance tax, no gift tax, and no estate tax for deaths after 2007.

How long do creditors have in Wisconsin probate?

Until a deadline the court or registrar sets, 3 to 4 months after the order opening the estate. Some debts, like funeral costs and Medicaid recovery, are treated differently.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesPower of attorney in Wisconsin: the rules, signing, who to namePower of attorney in Wisconsin is durable by default and needs no witness, but notarizing it is what makes banks accept it. Here is how to set one up well.State guidesMedical power of attorney in Wisconsin: how it works, how to signMedical power of attorney in Wisconsin: two witnesses, no relatives as witnesses, the living will, and why Wisconsin has no general family default list.State guidesEstate planning by state: guides for all 50 statesEstate planning by state: what stays the same everywhere, what changes, and power of attorney, medical and probate guides for all 50 states.