P.O. Box 7 • 215 North Lake Avenue
Phillips, WI 54555
Phone: 715-339-2196
Fax: 715-339-4664
P.O. Box 151 • 170 North 4th Avenue
Park Falls, WI 54552
Phone: 715-762-3258
Fax: 715-762-3289
Probate
Probate is the legal process of administering the estate of a deceased person. When a loved one has passed on, the probate
procedure is probably the last thing on their family’s mind; however, probate is often a necessary process to ensure that the estate
assets are properly transferred to the legal heirs and devisees. The attorneys at Slaby Deda Law Offices have the sensitivity and
legal know-how to help you through this difficult time.
Probate may be necessary if someone has passed away with significant assets that need to be transferred to others. Probate is the
procedure used whether a person dies with a will (testate) or without a will (intestate). Only assets owned solely by the deceased
need be probated. Some people plan their estate in such a way as to avoid probate, such as by transferring their property into a
revocable living trust, in joint ownership, or by making their accounts payable on death (P.O.D.). However, probate is sometimes
necessary for transfer of assets. If probate is necessary and is not used, the assets of the deceased may be wasted or transferred
improperly. If you are not sure whether probate is a necessary court process in your particular case, please call for an initial
consultation and one of our attorneys can advise you.
A “personal representative” is a person who will oversee the probate of the estate. Sometimes they are also called executors. If a
person dies with a will, a personal representative will usually be named in that document. A personal representative is normally a
family member of the deceased. The duties of the personal representative include paying the debts of the deceased in an
economical manner, managing the assets of the deceased until they can be distributed, and ensuring all beneficiaries receive their
fair share of the property. A personal representative may charge the estate (or assets of the deceased) a fee for the work done. If
a personal representative is having difficulty wading through the probate laws, they may choose to hire an attorney to help them
through the process. The fees of the attorney hired to assist the personal representative would also be paid out of the estate.
“Beneficiaries” are the people who will receive property from the deceased under a will. Beneficiaries are usually not represented in
a probate proceeding, but some beneficiaries choose to hire their own attorney (an attorney different from the probate attorney of
the personal representative) if they feel the personal representative is doing things unfairly. “Heirs” are those who will receive
property from the deceased without a will. Wisconsin has a statute that clearly defines what relationship a person has to be with a
deceased person to receive property from that person when they pass on. For instance, the property would first go to the spouse of
the deceased, the children or grandchildren if there is no spouse, and then to other blood relatives.
There are many tax implications to a probate. There may be income taxes on any income made by the estate from the time of
death until the completion of probate (such as return on investments). There may also be estate tax due, depending on each
person’s individual situation and the current federal tax laws.
There are two statutory types of probate in Wisconsin: formal and informal. Both procedures have their pros and cons, and one
procedure will be best for each particular situation.
Informal
Informal probate is the most common probate administration method, as it is usually faster and thereby more economical.
Instead of being administered by a probate judge, informal probate is administered by the register in probate.
Once the probate process is started, there are many pleadings that must be filed. Creditors must be notified of the
proceedings, potential heirs must be notified, etc.
Formal
Though formal probate involves more court involvement, it is necessary in certain situations. If the beneficiaries are contesting
a will, there are more debts than there are assets, or if there are problems with getting a personal representative appointed,
formal probate may be the only option, as a probate judge will need to rule on these matters.
Please call 1-800-543-6440 for a consultation to speak with a probate attorney.
P.O. Box 7 • 215 North Lake Avenue
Phillips, WI 54555
Phone: 715-339-2196
Fax: 715-339-4664
P.O. Box 151 • 170 North 4th Avenue
Park Falls, WI 54552
Phone: 715-762-3258
Fax: 715-762-3289
Probate
Probate is the legal process of administering the estate of
a deceased person. When a loved one has passed on,
the probate procedure is probably the last thing on their
family’s mind; however, probate is often a necessary
process to ensure that the estate assets are properly
transferred to the legal heirs and devisees. The
attorneys at Slaby Deda Law Offices have the sensitivity
and legal know-how to help you through this difficult
time.
Probate may be necessary if someone has passed away
with significant assets that need to be transferred to
others. Probate is the procedure used whether a person
dies with a will (testate) or without a will (intestate).
Only assets owned solely by the deceased need be
probated. Some people plan their estate in such a way
as to avoid probate, such as by transferring their
property into a revocable living trust, in joint ownership,
or by making their accounts payable on death (P.O.D.).
However, probate is sometimes necessary for transfer of
assets. If probate is necessary and is not used, the
assets of the deceased may be wasted or transferred
improperly. If you are not sure whether probate is a
necessary court process in your particular case, please
call for an initial consultation and one of our attorneys
can advise you.
A “personal representative” is a person who will oversee
the probate of the estate. Sometimes they are also
called executors. If a person dies with a will, a personal
representative will usually be named in that document. A
personal representative is normally a family member of
the deceased. The duties of the personal representative
include paying the debts of the deceased in an
economical manner, managing the assets of the deceased
until they can be distributed, and ensuring all
beneficiaries receive their fair share of the property. A
personal representative may charge the estate (or assets
of the deceased) a fee for the work done. If a personal
representative is having difficulty wading through the
probate laws, they may choose to hire an attorney to
help them through the process. The fees of the attorney
hired to assist the personal representative would also be
paid out of the estate.
“Beneficiaries” are the people who will receive property
from the deceased under a will. Beneficiaries are usually
not represented in a probate proceeding, but some
beneficiaries choose to hire their own attorney (an
attorney different from the probate attorney of the
personal representative) if they feel the personal
representative is doing things unfairly. “Heirs” are those
who will receive property from the deceased without a
will. Wisconsin has a statute that clearly defines what
relationship a person has to be with a deceased person
to receive property from that person when they pass on.
For instance, the property would first go to the spouse of
the deceased, the children or grandchildren if there is no
spouse, and then to other blood relatives.
There are many tax implications to a probate. There
may be income taxes on any income made by the estate
from the time of death until the completion of probate
(such as return on investments). There may also be
estate tax due, depending on each person’s individual
situation and the current federal tax laws.
There are two statutory types of probate in Wisconsin:
formal and informal. Both procedures have their pros
and cons, and one procedure will be best for each
particular situation.
Informal
Informal probate is the most common probate
administration method, as it is usually faster and
thereby more economical. Instead of being
administered by a probate judge, informal probate is
administered by the register in probate.
Once the probate process is started, there are many
pleadings that must be filed. Creditors must be
notified of the proceedings, potential heirs must be
notified, etc.
Formal
Though formal probate involves more court
involvement, it is necessary in certain situations. If
the beneficiaries are contesting a will, there are
more debts than there are assets, or if there are
problems with getting a personal representative
appointed, formal probate may be the only option,
as a probate judge will need to rule on these
matters.
Please call 1-800-543-6440 for a consultation to speak
with a probate attorney.