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Probate: Answering Your Legal Questions



Probate

What is probate? When is probate unnecessary? What does a personal representative do?

Many people assume probate is a time-consuming, expensive process. While it does entail costs and take time, probate may be less cumbersome than you fear. This brochure presents basic information about what probate does and how it works – and when it is unnecessary.


Last revised: 04/2022​

This is one in a series of consumer information pamphlets sponsored by the State Bar of Wisconsin. This pamphlet, which is based on Wisconsin law, is issued to inform and not to advise. No person should ever apply or interpret any law without the aid of a trained expert who knows the facts, because the facts may change the application of the law.

The State Bar publishes a series of online consumer pamphlets addressing common legal issues that many people face sooner or later in their lives, such as buying a home, going through a divorce or small claims action, and preparing a will or estate plan. Each pamphlet conveys basic legal information and answers frequently asked questions in easy-to-understand language. 

​© State Bar of Wisconsin

Transfer by Affidavit Form

Until recently, the Wisconsin Court System’s Records Management Committee (RMC) has maintained a transfer by affidavit form, which is used to transfer property of decedents with estates of $50,000 or less. The State Bar of Wisconsin’s Real Property, Probate and Trust Section (RPPT) has agreed to update and maintain the transfer by affidavit form going forward. Here are the updated forms:

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