Where the estate is opened.
Only if the statute's conditions are met. Read the section below.
See the tax section for the exemption or the repeal.
See the property section for the statute's words.
Living trust or probate
A revocable living trust holds assets you title in the trustee's name. You can serve as trustee while you are able.
At death, the successor trustee handles those assets. Property you leave in your own name can still go through the probate court. A pour-over will sends leftover assets into the trust, and those leftover assets may pass through probate first.
The probate path
In Wisconsin, the estate is opened in the Circuit Court.
Wisconsin Statutes section 753.03 gives circuit courts power to hear and determine, within their respective circuits, all civil and criminal actions and proceedings unless exclusive jurisdiction is given to some other court. Section 856.01 places jurisdiction of a proceeding for administration of a decedent's estate, if the decedent was domiciled in Wisconsin, in the county where the decedent was domiciled at death. A petition for administration may be made by any person named in the will to act as personal representative or by any person interested, and the court sets a time for proving the will, determining heirship, and appointing a personal representative.
Source: Wisconsin Statutes section 856.01, Jurisdiction
Fees
In Wisconsin, probate compensation is a statutory commission.
Wisconsin Statutes section 857.05 allows the personal representative all necessary expenses in the care, management, and settlement of the estate. Subject to court approval, the personal representative shall be allowed commissions computed on the inventory value of the property for which the personal representative is accountable, less any mortgages or liens, plus net principal gains in the estate proceedings, at a rate of 2 percent, or at a rate agreed in writing, and further sums in cases of unusual difficulty or extraordinary services as the court determines reasonable. If the personal representative or the personal representative's law firm also serves as attorney, the court may allow either commissions or attorney fees, and shall allow both if the will authorizes both.
Source: Wisconsin Statutes section 857.05, Allowances to personal representative for expenses and services
Small estate
Wisconsin's small-estate figure on this page is $50,000 when the statute's conditions are met.
Wisconsin Statutes section 867.03 allows transfer by affidavit when a decedent leaves property subject to administration in this state that does not exceed $50,000 in gross value. An heir, a trustee of a revocable trust created by the decedent, a person named in the will to act as personal representative, or a person who was guardian of the decedent at death may collect money due the decedent, receive the property, and have evidences of interest transferred upon the affidavit. The section states no general waiting period in subsection (1g). A person named in the will as personal representative may not receive the decedent's real property by that affidavit unless that person is also an heir, trustee, or guardian as provided in the section.
Source: Wisconsin Statutes section 867.03, Transfer by affidavit
Estate or inheritance tax
Wisconsin has no current estate tax on the page linked below.
The Wisconsin Department of Revenue states that there is no estate tax for decedents dying after December 31, 2007, and that there is no Wisconsin inheritance tax for decedents dying on or after January 1, 1992.
Source: Wisconsin Department of Revenue, Estates, Trusts, and Fiduciaries
Property of spouses
Spouses in Wisconsin hold marital property.
Wisconsin Statutes section 766.001 states that it is the intent of the legislature that marital property is a form of community property. Section 766.31 states that all property of spouses is marital property except that which is classified otherwise by chapter 766, and that all property of spouses is presumed to be marital property.
Source: Wisconsin Statutes section 766.001, Liberal construction; intent
Questions
The answers use the same statute and court pages as the sections above.
Does a living trust avoid probate in Wisconsin?
A revocable living trust holds the assets you title in the trustee's name. The successor trustee handles those assets. Property still titled in your own name can be a probate matter. A pour-over will can send leftover assets into the trust, and those leftover assets may still pass through probate first.
What is the small-estate procedure in Wisconsin?
Wisconsin Statutes section 867.03 allows transfer by affidavit when a decedent leaves property subject to administration in this state that does not exceed $50,000 in gross value. An heir, a trustee of a revocable trust created by the decedent, a person named in the will to act as personal representative, or a person who was guardian of the decedent at death may collect money due the decedent, receive the property, and have evidences of interest transferred upon the affidavit. The section states no general waiting period in subsection (1g). A person named in the will as personal representative may not receive the decedent's real property by that affidavit unless that person is also an heir, trustee, or guardian as provided in the section.
How are probate fees set in Wisconsin?
Wisconsin Statutes section 857.05 allows the personal representative all necessary expenses in the care, management, and settlement of the estate. Subject to court approval, the personal representative shall be allowed commissions computed on the inventory value of the property for which the personal representative is accountable, less any mortgages or liens, plus net principal gains in the estate proceedings, at a rate of 2 percent, or at a rate agreed in writing, and further sums in cases of unusual difficulty or extraordinary services as the court determines reasonable. If the personal representative or the personal representative's law firm also serves as attorney, the court may allow either commissions or attorney fees, and shall allow both if the will authorizes both.
Does Wisconsin tax an estate or an inheritance?
The Wisconsin Department of Revenue states that there is no estate tax for decedents dying after December 31, 2007, and that there is no Wisconsin inheritance tax for decedents dying on or after January 1, 1992.
How does Wisconsin treat property of spouses?
Wisconsin Statutes section 766.001 states that it is the intent of the legislature that marital property is a form of community property. Section 766.31 states that all property of spouses is marital property except that which is classified otherwise by chapter 766, and that all property of spouses is presumed to be marital property.
Sources
These are the statute and court pages used above.
- Wisconsin Statutes section 856.01, Jurisdiction
- Wisconsin Statutes section 857.05, Allowances to personal representative for expenses and services
- Wisconsin Statutes section 867.03, Transfer by affidavit
- Wisconsin Department of Revenue, Estates, Trusts, and Fiduciaries
- Wisconsin Statutes section 766.001, Liberal construction; intent