What is probate?
Probate is the court-supervised process for the orderly transfer of a decedent's assets to those that are entitled to them. This process is necessary for several reasons:
If the decedent left a Last Will and Testament, the original must be filed within 30 days, even if no probate procedure is necessary. If a probate procedure is necessary, the original Will may be filed with those documents.
- To ensure that all interested persons are given proper notice;
- To ensure that all debts, taxes, and expenses of decedent are paid; and
- To ensure all remaining assets are distributed according to the Last Will and Testament of the decedent or to the heirs as determined by Wisconsin Law.
Please note: If a person is nominated in a decedent's Will as personal representative, they do not have the authority to act until the appropriate documents have been filed and Domiciliary Letters have been issued to them by the probate court.
Types of Probate
Formal and Informal Administration
Transfer by Affidavit
- Formal Administration is the administration of the decedent’s estate with continuous supervision by the Court. A Formal Administration requires the assistance of an attorney.
- Informal Administration may be granted without an attorney's assistance. Informal Administration is the administration of the decedent’s estate without continuous court supervision, and is supervised by a Probate Registrar. Before making the decision to begin an Informal Administration, please review A Personal Representative's Guide to Informal Administration in Wisconsin, a publication provided by the Wisconsin Register in Probate Association.
- Transfer by Affidavit is a method to transfer a decedent's assets having a total value of $50,000 or less without court involvement. The State Bar of Wisconsin maintains and updates this form. The person who completes and uses this form has certain legal responsibilities and it may be appropriate to consult with an attorney before deciding whether you should use it.
The Transfer by Affidavit
filed with the Register in Probate office. This information is provided only as a public service and is not meant to be legal advice. The Register in Probate office cannot give legal advice; if you have further questions regarding this procedure, please contact your attorney.
|Nancy J. Kallgren - Register in Probate
|Marinette County Courthouse
1926 Hall Avenue, Room A125
Marinette, Wisconsin 54143
|8:00 am to 4:30 pm Monday through Friday