Sep 29, 2026

Losing a loved one is difficult enough without the added stress of managing legal and financial matters. If you are responsible for handling a loved one's estate in Wisconsin, you may not be sure what steps need to be taken or even where to start. An experienced probate attorney can review your situation, explain the process, and help you navigate the legal requirements involved in settling the estate. Let's discuss what's typically covered during a probate consultation, what information your attorney will need, and how that information helps determine whether probate is necessary.

Information About Your Loved One

Your attorney will begin by gathering basic information about your loved one, including details that may affect how the estate is handled. This includes their full legal name, date of death, county of residence, and marital status, including any current or prior spouses. Your attorney will also want to know whether your loved one was employed, filed income tax returns, received Medical Assistance benefits, and whether they had a will, trust, or other estate planning documents. If available, you should bring your loved one's death certificate and any estate planning documents they had.

Estate Assets

A significant part of a probate consultation is identifying the assets owned by your loved one. Understanding what assets exist, their approximate value, and how they were owned can help determine whether probate may be necessary. Assets may include real estate, bank accounts, investment accounts, retirement accounts, life insurance policies, vehicles, business interests, and valuable personal property. Not all assets are treated the same after death. Certain assets may pass to a surviving joint owner or named beneficiary and avoid probate. Your attorney can help identify which assets are considered probate assets and which transfer outside of the probate process. If possible, bring account statements, deeds, vehicle titles, or other records that show ownership and approximate values.

Estate Debts

Your attorney will also want to understand what debts and financial obligations your loved one had at the time of their death. This may include mortgages, home equity loans, credit card debt, medical bills, utility bills, personal loans, funeral expenses, and any outstanding tax obligations. Understanding both the assets and debts of an estate helps provide a more complete picture of the estate. If possible, bring mortgage statements, loan documents, credit card statements, medical bills, utility bills, tax notices, or other records showing outstanding debts and obligations.

Estate Planning Documents

Estate planning documents can provide valuable information about your loved one's wishes and how they intended their assets to be handled. Your attorney will want to review any estate planning documents and determine how they affect the estate. Common estate planning documents include a Last Will and Testament, Revocable Trust, Transfer on Death Deed, and beneficiary designations. The type of estate planning documents your loved one had can play a significant role in determining how assets will be transferred and whether certain property may avoid probate altogether. For example, a will generally directs how probate assets are distributed, while assets held in a trust or subject to a beneficiary designation pass outside of probate. If possible, bring any estate planning documents you have available.

Is Probate Required

Determining the appropriate process for settling a loved one’s estate often begins with identifying which assets are subject to probate. Not every asset is a probate asset, and some assets may avoid probate altogether. Certain assets, including jointly owned property, assets held in a trust, and assets with beneficiary designations, transfer outside of the probate process. For example, assets held in a trust are generally handled through trust administration rather than probate. Once your attorney identifies which assets are probate assets, they can determine whether probate is required. In Wisconsin, an estate with probate assets valued at $50,000 or more must go through the probate process. If the value of the probate assets is less than $50,000, Wisconsin provides an alternative process called a Transfer by Affidavit. This allows an estate to be settled and assets transferred without going through probate. Every estate is unique, and the details of the estate affect which process is appropriate. Once the appropriate process has been identified, your attorney can explain who is responsible for handling the estate and what that process involves.

Personal Representative

If probate is required, your attorney will discuss who will serve as the Personal Representative of the estate. The Personal Representative is the individual responsible for handling the estate and working with the attorney throughout the probate process. If your loved one had a will, it should identify the person they wanted to serve as Personal Representative. If there is no will, your attorney can explain how a Personal Representative is selected and who may serve in that role. Your attorney will also review the role and responsibilities of the Personal Representative, which are discussed in greater detail in our blog, Wisconsin Probate Timeline: A Guide for Personal Representatives. Whenever possible, the person who expects to serve as Personal Representative should attend the probate consultation. Other family members may also attend if they would like to better understand the probate process and what to expect moving forward.

Family Members and Beneficiaries

Your attorney will also need information about your loved one's family members and beneficiaries. This information can help identify who may have an interest in the estate and who may need to receive notices during the probate process. This may include a surviving spouse, children, grandchildren, parents, siblings, and anyone named in a will, trust, beneficiary designation, or other estate planning document. If possible, bring the names and contact information for family members and beneficiaries. It may also be helpful to discuss any unique family circumstances, such as blended families, minor children, estranged relatives, or potential disputes among family members. Sharing this information with your attorney can help identify issues that may need to be addressed during the probate process.

Free Probate Consultation

Most families do not have all the information they need when they first meet with a probate attorney. A probate consultation is designed to identify what information is available, determine what additional information may be needed, and help you understand what needs to be done next. Even if you do not have all the information, it is still beneficial to schedule a consultation and begin the process. At Pedersen Law Office, LLC, we offer free probate consultations. We take the time to understand your unique situation, answer your questions, and explain the options available for settling your loved one's estate. Our office proudly serves clients throughout Appleton, Menasha, Neenah, Oshkosh, Green Bay, and the surrounding communities.