At our Madison-based estate planning law firm, we guide individuals and families through the often complex and emotionally taxing probate process. Whether you’re named as a personal representative (executor) in a loved one’s will or a family member trying to understand your rights in the absence of a will, Borakove Osman LLC’s goal is to provide experienced legal support every step of the way.
What Is Probate?
Probate is the legal process by which a deceased person’s will is validated and their assets are identified, valued, and distributed. If there is no will, the probate court will follow Wisconsin state laws to distribute the estate. While probate is known for being slow or costly, it plays an essential role in ensuring that a person’s final wishes are honored and that creditors are paid appropriately.
In Wisconsin, probate typically occurs in the circuit court of the county where the person who passed away lived—such as the Dane County Circuit Court in Madison. Depending on the size and complexity of the estate, the process may be formal or informal. Informal probate is more streamlined and often doesn’t require a court hearing, while formal probate involves closer judicial supervision, usually because of disputes or complications.
Key Steps in the Wisconsin Probate Process
- Filing the Will and Petition – The process begins by submitting the decedent’s will (if there is one) and a petition to open probate in the appropriate court. A personal representative is appointed, usually the person named in the will.
- Notice to Heirs and Creditors – The court requires that notice of the probate proceeding be given to heirs, beneficiaries, and creditors, allowing them to make claims or objections.
- Inventory and Appraisal – The personal representative is responsible for gathering all of the decedent’s assets, such as real estate, bank accounts, and personal property. These assets must be inventoried and appraised to determine the estate’s total value.
- Payment of Debts and Taxes – Valid debts, including final expenses and taxes, must be paid from the estate before assets can be distributed.
- Distribution of Assets – Once debts and taxes are satisfied, the remaining assets are distributed to the beneficiaries as directed by the will or, if there is no will, in accordance with state intestacy laws.
- Closing the Estate – A final accounting is submitted to the court, and once approved, the probate process concludes with the discharge of the personal representative.
The Importances of Hiring an Experienced Attorney in Madison and Dane Country, Wisconsin
Even in relatively straightforward cases, probate can be time-consuming and emotionally draining—especially while grieving a loss. A knowledgeable probate attorney can help you avoid costly mistakes, reduce delays, and ensure all legal requirements are met. Our team has extensive experience working with the Dane County probate courts and can help resolve disputes, interpret wills, and navigate complex asset issues.
If you have questions about probate in Madison or the surrounding areas, reach out to us and schedule a consultation. We’re here to make the process as smooth and efficient as possible, giving you peace of mind during a difficult time.