Ozaukee County
Circuit Court Rules
(Third Judicial District)
PROBATE COURT DIVISION RULES
- RULE 401: JURISDICTION OF THE PROBATE COURT
- RULE 402: GUARDIAN AD LITEM AND ADVOCATE COUNSEL
- RULE 403: ESTATE MATTERS
- RULE 404: TRUST MATTERS
- RULE 405: GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PLACMENT MATTERS
RULE 401: JURISDICTION OF THE PROBATE COURT
(a) Probate actions under Wis. Stat. Chapters 851 through 879;
(b) Guardianship and protective placement actions under Chapters 880 and 55;
(c) Trust actions under Chapter 701;
(d) Involuntary mental, drug and alcohol commitments (civil commitments) under Chapter 51;
(e) Elder abuse restraining orders under Chapter 813.123.
RULE 402:
GUARDIAN AD LITEM AND ADVOCATE COUNSEL
Guardians ad litem and Advocate Counsel will be appointed by the court. In guardianship cases, a deposit of $200 shall be made into the trust account of the attorney appointed prior to the commencement of work. Indigent parties who seek payment by Ozaukee County of guardian ad litem fees shall file the paperwork required by Rule 304.4.
RULE 403:
ESTATE MATTERS
403.1 WILLS
(a) Only original wills will be accepted for filing with the court without a hearing.
Wills of a decedent which will not be subject to any probate proceedings may be filed and shall be accompanied by an affidavit of inactive will.
(b) Wills of living persons filed for safekeeping shall be accompanied by the statutory fee and such other information as the register in probate may require.
403.2 SUMMARY SETTLEMENTS AND SUMMARY ASSIGNMENTS
Proof of heirship must be filed with all opening papers for summary settlement and summary assignment.
403.3 SELECTION OF PERSONAL REPRESENTATIVE
Only Wisconsin residents may be appointed as personal representative of an estate, with the following exceptions: non-residents may be appointed at the discretion of the court, if the nominated non-resident has a Wisconsin resident appointed as co-personal representative; has retained a Wisconsin attorney; or posts bond in an amount determined by the court. The court reserves the right to require bond in any case. All non-resident personal representatives are required to have a resident agent.
403.4 HEARING OR WAIVER OF HEARING
Other than hearings offering a will for probate and on final account in formal probates, and final hearings on summary assignment and summary settlement proceedings, a court hearing is not required when waivers are filed by interested parties. Parties shall submit proposed orders with the waivers when no hearing is sought.
403.5 CLOSING ESTATES.
(a) Documentation that the residual beneficiaries or heirs have been advised as to the amount of the personal representative and attorney fees must be filed with the court.
(b) In a formal probate proceeding, proof of the recording of the transfer of any real estate to beneficiaries or heirs must be filed with the court.
403.6 TAX CLEARANCES
(a) A Wisconsin closing certificate for fiduciaries must be filed with the court prior to the closing of any estate.
(b) A federal estate tax closing letter must be filed with the court prior to the closing of any estate required to file a federal estate tax return.
(c) A Wisconsin certificate determining estate tax must be filed with the court prior to the closing of any estate required to file a Wisconsin estate tax return.
403.7 EXTENSIONS OF TIME FOR CLOSING ESTATES
(a) When an estate cannot be closed within the statutory time limits, a verified petition setting forth the reasons for the request of an extension of time to close the estate must be filed with the court. A proposed order shall be submitted, and the court will review each request individually to determine whether or not a hearing on notice is required
(b) The following reasons ordinarily will qualify for a single six (6) month extension of time to close the estate, upon the filing of the required petition:
(1) The federal estate tax return has been timely filed and the estate tax audit has not been completed (copy of the return must be filed with the court);
(2) The final federal and state income tax returns have been timely filed but the closing certificate for fiduciaries has not been received from the Wisconsin Department of Revenue (copy of the final return must be filed with the court); or
(3) The estate is involved in pending litigation. (case information must be provided).
(c) All other grounds for extension of time to close the estate will be reviewed by the court for extension of time. The register in probate shall notify the court if any duty is more than thirty (30) days late in being performed.
RULE 404:
TRUST MATTERS
404.1 TRUST INVENTORY
The trust inventory will be filed within ninety (90) days of the closing of the probate
estate from which the trust originates, or of the initial funding of the trust, whichever event occurs first. If the inventory is not timely filed, after notice from the register in probate's office, an order to show cause shall issue.
404.2 CLOSING
(a) At the time of termination of a trust, all annual accounts for prior years must be on file and verified by the register in probate or court-approved designee, and a final account must be filed with the court.
(b) A Wisconsin closing certificate for fiduciaries must be filed with the court before a funded trust may be closed and the trustee discharged.
RULE 405:
GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PLACMENT MATTERS
405.1 CONSERVATORSHIP
(a) A hearing is required for the appointment of a conservator, and the petitioner will be present so the court may determine whether the action is voluntary.
(b) A hearing is required to terminate a conservatorship.
405.2 GUARDIANSHIP AND PROTECTIVE PLACEMENT
(a) Guardian ad litem. The court will appoint a guardian ad litem for the proposed ward, who will file a guardian ad litem report with the court prior to the hearing.
(b) Examining expert. Parties shall provide their own examining expert to prepare a competency report on the proposed ward.
(c) Protective placement petition. If a protective placement petition is part of a guardianship petition, the moving party shall at the time of filing the petition request the Ozaukee County Department of Health and Human Services to complete a comprehensive evaluation of the proposed ward and file it with the court prior to the hearing.
(d) Access to File.
(1) After the guardianship has been ordered, access to the guardianship file is limited to the guardian, the guardian's attorney (notice of retainer must be on file), the ward, the ward's attorney, the currently appointed guardian ad litem or advocate counsel or the currently assigned social worker.
(2) Title insurance and abstract companies, by their duly licensed agents and representatives, may have limited access to information contained in guardianship files. Access is limited to records showing the appointment or discharge of a guardian, inventories, annual accounts and proceedings regarding the sale, lease, exchange or encumbrance of real estate belonging to the ward.
(3) Bonding- companies, by their duly licensed agents and representatives may have limited access to information contained in guardianship files. Access is limited to records showing the appointment or discharge of a guardian, inventories, and annual accounts.
(4) Others may obtain access, subject to necessary limitations, by court approval only.
(5) In all cases, information shall be requested on a proper letterhead or with proper identification, and in no case shall information be provided over the phone
(g) Termination of a Guardianship
(1) Guardian of the person - deceased ward: Upon the filing of the death certificate of the ward, the judge ordinarily will issue an order of discharge of the guardian of the person.
(2) Guardian of the estate - deceased ward: Upon the filing of:
(i) The death certificate of the ward;
(ii) The final account as approved by the court; and
(iii) A proper receipt and release signed by the appropriate recipient having authority over the ward's estate (with attached proof of that authority); the judge ordinarily will issue an order of discharge of the guardian of the estate.
(3) Guardian of the estate - minor: Upon the filing of proof of the ward reaching the age of eighteen, final account and receipt and release signed by the ward, the court ordinarily will issue an order of discharge of the guardian of the estate.
(4) Ward now competent: A court hearing is required where an incompetent has gained competency. A petition for discharge of a guardian and an order and notice for hearing will be filed to initiate the action. A competency report must be submitted, or requested to substantiate the petition for termination. The court may require the appointment of a guardian ad litem and an examining expert.
Legal research
- Fastcase
- Site Search
- WI Case Law
- Wisconsin Lawyer search
- Wisconsin links
- Federal links
- Other state links
