Does a Will Avoid Probate in Wisconsin?

Attorney Thomas B. Burton answers the following question: Does a Will avoid probate in Wisconsin? Attorney Burton also discusses some of the choices you can make for your assets and estate by choosing to form your own Will in the state of Wisconsin.


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Transcript of Video: Does a Will Avoid Probate in Wisconsin?

Hello I'm attorney Thomas Burton and

today's question is the following does a

will avoid probate in Wisconsin now this

is a very good question one I see comes up

often and there can be confusion about

these terms probate and a will so making

a will allows you to make your own plan

for your estate what it means is you get

to decide who your heirs are and who

your personal representative is going to

be in Wisconsin we call the person who

administers your estate after your death the

personal representative you'll also hear

them called executor in some of the

estate planning literature in other

states so basically if you create a will

you get to choose the person to oversee

the estate and the backup to that person

I usually recommend and then you get to

choose your own heirs if you don't

create a will you're going to fall under

what we call the Wisconsin laws of

intestacy so sometimes you hear someone

say that someone died intestate what

that means is they died without creating

a will so if you don't create a will you

fall under the default rules the

Wisconsin Legislature has written and

generally those rules distribute your

money to your closest living relative so

for many people they don't want their

closest living relative to get the money

or there's a relative they don't really

like or get along with and that person

could end up in the line of succession

if you rely on the laws of intestacy so

a will allows you to opt out of that now a

will does not opt out of probate by

definition a will must be filed with the

probate court within 30 days of your

death so probate is the court

administered process that your will goes

through after your death where the court

examines the will and

distributes the property according to

your wishes so probate can often be a

time-consuming and arduous process for

many people who have gone through it in

Wisconsin by statute the shortest it can

be is six months and the longest is two

years now two years is the longest but

if there's a fight over the estate the

court the judge can extend it and

probates have been known to go even

longer for example celebrities and rich

individuals with fights over the estate

those cases can go for years so a will

does not avoid probate in Wisconsin by

definition if you create a will your

estate will go through probate if you

want to think about avoiding probate I

suggest you look at a living trust and

other options you can check out my other

videos on those topics in fact I have

one specifically on the three types of

plans you can have for your estate which

I call no plan will plan and trust plan

check out that video for an overview of

those and I'll put a link to this video

if you want to check that out as well

so great question thank you for watching

and we'll see you next time.

© 2020 Burton Law LLC. All Rights Reserved.

Transcript and captions provided for ease of access for the hearing impaired.

For questions about this topic, or to suggest a topic for a future blog post, please contact the office.

© 2020 by Burton Law LLC

 

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