Compassion And Support During Wisconsin Probate
When you are grieving the loss of a loved one, the last task you want to try to tackle is the unfamiliarity that comes with probate in Wisconsin. In addition to being new to the process, you may have a significant role in supporting your friends and family through the challenges that come with losing a loved one.
Attorney Ashley Lillesand-Leonhard, founder of Lillesand Leonhard Law LLC, understands the challenges that can come with probate. Whether your loved one with a comprehensive estate plan to guide you or they did not have a will, Ashley can provide the legal support you need to help you through probate.
Who Needs To Go Through Probate In Wisconsin?
Typically, after a loved one passes away, their assets are transferred through a court-supervised process called probate. In addition to beneficiaries, your loved one’s estate may also need to pay taxes or debts. The probate process ensures that the assets within the estate go to the appropriate people and entities.
In most cases, estates must go through probate, or a similar type of estate administration, depending on the value of the estate and the types of assets. However, there are some estates and assets that are exceptions to the probate process, including:
- Estates valued under $50,000
- Property with a joint ownership title
- Life insurance and retirement funds if the named beneficiary is not the estate
These assets may go through a process called, “Transfer By Affidavit.” While it is not the same as the probate process, it can be helpful to have legal guidance from a skilled professional so that you know the steps you need to follow to transfer the assets correctly.
In Wisconsin, most estates need to go through some type of estate administration, such as formal or informal administration. During formal administration, a judge oversees the process and requires that the personal representative have assistance from a Waukesha probate attorney. While a lawyer is not required for informal administration, it can be beneficial to have skilled guidance throughout the process.
What Are The Steps In The Wisconsin Probate Process?
Below is a step-by-step look at the Wisconsin probate process and how it typically unfolds:
- Filing the will and a petition for probate in the appropriate Waukesha County probate court: This initial step involves a petition with the help of a probate lawyer to begin the estate administration process.
- Notifying all interested parties: Wisconsin law requires comprehensive notification to all beneficiaries named in the will.
- Officially appointing a personal representative to manage the estate: The court formally appoints either the executor named in the will or an administrator if no will exists.
- Locating, securing and inventorying the decedent’s assets: The personal representative must identify and catalog all estate property.
- Paying debts, final bills and valid claims against the estate: All legitimate debts must be satisfied before distribution to beneficiaries. The personal representative must review claims for validity and negotiate settlements when necessary.
- Preparing and submitting required tax filings (state and federal): Estate tax returns may be required depending on the estate’s value.
- Creating a final accounting to show how assets and debts were handled: A detailed financial report documenting all estate transactions must be prepared and filed with the court.
- Distributing assets to rightful heirs and closing the estate: After all debts are paid and court approval is obtained, remaining assets are distributed according to the will or state intestacy laws.
Even though this list of probate steps may seem manageable, legal complications can arise at any point, especially with disputes, unclear wills or missing assets. In her line of duty, Ashley knows that real peace of mind comes from having a Waukesha probate attorney who listens and helps you move forward confidently.
Attorney Lillesand-Leonhard meets those she serves personally, listens carefully and guides each client through every decision and document. She is not a big firm pushing paperwork – she is your local advocate, right here in Waukesha, answering your questions and helping ensure no detail is missed.
Do I Need Support During Probate?
There is more to estate administration than following the direction in your loved one’s will and other estate planning documents. Probate can often be a long process, often taking 12-18 months to complete. Additionally, there may be other members of the family who need the care of a guardian after your loved one passes away. When you work with a skilled representative, you can have peace of mind, knowing what steps are coming up and that you are meeting the deadlines that come with taking an estate through probate.
Ashley understands the challenges that can come with probate, and she can give you the guidance you need to keep the process on track. While probate can seem cumbersome, Ashley can bring transparency to a complex process.
Get Wisconsin Estate Administration Help Now
Navigating probate and estate administration in Wisconsin can be challenging. Attorney Ashley Lillesand-Leonhard can bring calm and clarity to the probate process. For a free consultation, fill out an online contact form or call 414-488-6511 to make an appointment.