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Opening a Formal Probate (Filed by an attorney only) (GL 3009)

PLEASE NOTE: This Guideline is provided as a public service and is not intended to be legal advice. If you have any questions about the form or the procedure, please contact an attorney as Probate staff members cannot give legal advice.

FORMS: A packet of forms is available from the Office of the Register in Probate or Individual forms may be downloaded from Wisconsin Circuit Courts System (see link below)

TO OPEN A FORMAL PROBATE PROCEDURE

Please complete and file the following:

Form Number Name of Form
Form Number Name of Form
PR-1901 Petition for Administration
PR-1903 Order Setting Time to Hear Petition for Administration and Heirship and Notice to Creditors
PR-1902 Waiver and Consent (Formal Administration)
PR-1904 Order Limiting Time for Filing Claims and Determination Of Heirship (only used if all parties waive notice)
PR-1806 Proof of Heirship
GF-151 Order Appointing Guardian ad Litem (if required)
PR-1905 Order for Formal Administration
PR-1930 Consent to Serve
PR-1802 Declination to Act as Personal Representative (if necessary)
PR-1906 Domiciliary Letters (Formal Administration)
PR-1930 Consent to Serve as Trustee
PR-1931 Letters of Trust (if Will contains Testamentary Trust)

BY THURSDAY NOON BEFORE THE HEARING

(if on notice) the following must also be filed:

Form Number Name of Form
Form Number Name of Form
PR-1817 Affidavit of Mailing
From Newspaper Proof of Publication showing when Order Setting Time for Hearing was given to all interested parties.

The proposed Personal Representative and Attorney must appear at

  1. the hearing for appointment of personal representative
  2. the hearing for approval of the final account.

INVENTORY

Due within 6 months of Personal Representative being appointed:

Form Number Name of Form
Form Number Name of Form
PR-1811 Inventory (with schedules) **Fee required when filing - .2% of gross assets or a minimum of $20.00. Must be filed no later than 6 months from date of personal representative being appointed.
PR-1908 Notice of Inventory on File

CLAIMS

The Attorney or the Personal Representative must check to see if claims have been filed: a) Call the Register in Probate Office (please have the case number available or a search fee will be charged) to see if there are any on file OR b) Check the case on the internet at: http://wcca.wicourts.gove/index.xsl

Note: All claims must be satisfied before an estate can be closed and an Estate Receipt filed for each claim.

FILING FEES

Inventory Filing Fee .2% of gross estate (per Wis. Stats.) or a minimum of $20.00. Please make checks payable to Register in Probate.

CERTIFIED COPIES

If certified copies are required, the cost is $3.00 for the certificate and $1.00 for each page copied or compared.