Petition for Probate of Will and for Letters Testamentary (Wisconsin)

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Wisconsin probate is handled in the Circuit Court and uses statewide Probate (PR) forms.
For informal administration (ch. 865, before the Register in Probate), the opening
document is PR-1801, Application for Informal Administration of an Estate; the Register
issues PR-1810, Domiciliary Letters. For formal administration (ch. 856, before a
judge), the opening document is PR-1320, Petition for Formal Administration. This template
organizes the substantive content required by Wis. Stat. § 856.09. Transfer your content to
the correct PR form before filing. Forms are available at
https://www.wicourts.gov/forms1/circuit/index.jsp (Probate category).
Do not file this document in place of the required PR forms.

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

STATE OF WISCONSIN — CIRCUIT COURT — [COUNTY] COUNTY — PROBATE

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner / Applicant Information
3. Decedent Information
4. Basis for Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees Under the Will and Heirs / Interested Persons
7. Nomination and Priority of Personal Representative
8. Bond
9. Prayer for Relief
10. Verification
11. Notice of Hearing / Certificate of Mailing
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

IN THE MATTER OF THE ESTATE OF

[DECEDENT FULL LEGAL NAME], also known as [AKA, if any], Deceased.

Case No.: [____________________________________]

Proceeding type: ☐ Informal Administration (ch. 865) ☐ Formal Administration (ch. 856)

Hearing Date (formal): [__/__/____] Time: [____] Branch: [____]

2. PETITIONER / APPLICANT INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Wisconsin [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Petitioner/Applicant is the person named in the Decedent's Will to act as personal representative and is an interested person eligible to petition for administration (Wis. Stat. § 856.07).
Relationship to Decedent: [RELATIONSHIP]

3. DECEDENT INFORMATION

4. BASIS FOR JURISDICTION AND VENUE

a. The Decedent died on [__/__/____] leaving property requiring administration (Wis. Stat. § 856.09(2)).

b. ☐ Venue is proper in this county because the Decedent was domiciled in [COUNTY] County, Wisconsin at the time of death (Wis. Stat. § 856.01).

c. ☐ The Decedent was not domiciled in Wisconsin but owned property in this county; venue is proper here (Wis. Stat. § 856.01).

d. The Decedent died testate, leaving a Last Will and Testament dated [__/__/____] (and codicil(s) dated [__/__/____], if any).

e. ☐ The Will does not prohibit informal administration, and Petitioner seeks informal administration before the Register in Probate (ch. 865). ☐ Petitioner seeks formal administration (ch. 856).

5. THE WILL OFFERED FOR PROBATE

a. Petitioner offers for probate the Decedent's original Last Will and Testament dated [__/__/____], which accompanies this Petition/Application (Wis. Stat. § 856.09(3)).

b. Execution and witnesses. The Will was executed in compliance with Wis. Stat. § 853.03: it is in writing, signed by the testator (or by another person in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses each of whom signed within a reasonable time after witnessing the signing or the testator's acknowledgment of the will. The attesting witnesses are:

c. Self-proving / proof (Wis. Stat. §§ 853.04, 856.16):
☐ The Will is self-proved by the affidavit of the testator and witnesses made before an officer authorized to administer oaths, in substantially the statutory form (Wis. Stat. § 853.04); the affidavit has the effect provided in § 856.16 and the Will may be admitted without further proof.
☐ The Will is not self-proved; proof of the uncontested Will will be made by the sworn statement of a subscribing witness, or as otherwise provided in Wis. Stat. § 856.16.

d. To the best of Petitioner's knowledge, the instrument offered is the Decedent's last Will, was validly executed, and has not been revoked.

6. DEVISEES UNDER THE WILL AND HEIRS / INTERESTED PERSONS

Devisees named in the Will:

Heirs and other interested persons (persons who would take by intestacy, Wis. Stat. ch. 852; surviving spouse; interested persons under § 851.21):

☐ Decedent was survived by a spouse: [NAME] (note marital property and elective rights, Wis. Stat. ch. 861).
☐ Name and address of any testamentary trustee named in the Will: [________________________________] (Wis. Stat. § 856.09(5)).

7. NOMINATION AND PRIORITY OF PERSONAL REPRESENTATIVE

a. The Will names [PERSONAL REPRESENTATIVE FULL LEGAL NAME], whose post-office address is [________________________________], to act as personal representative (Wis. Stat. § 856.09(4)).

b. Petitioner is the person named in the Will and is entitled to letters; Petitioner is eligible for appointment and not disqualified, and the facts showing eligibility are: [________________________________] (Wis. Stat. §§ 856.09(6), 856.13).

c. Petitioner ☐ accepts appointment as personal representative (and will file the required acceptance/consent to serve) ☐ any named co-representative or alternate has filed a Declination to Serve (PR-1802), if applicable.

d. ☐ Persons of equal or prior right have, where required, consented to or waived in favor of Petitioner's appointment (waivers/consents attached).

8. BOND

a. Bond (Wis. Stat. § 856.25):
☐ The Will requests that the personal representative serve without bond. Petitioner requests appointment without bond, acknowledging that a direction in the Will to waive bond is not binding on the court and that the court/Register may nonetheless require bond (§ 856.25(4)).
☐ Petitioner will furnish bond with one or more sureties under ch. 878 in the amount of $[________________].
☐ Petitioner is a trust company bank / state bank / national banking association authorized to exercise trust powers; no bond is required (§ 856.25(1)).

b. Estimated value of the estate (basis for bond amount): $[________________]

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court (or Register in Probate):

a. Determine that the Decedent died testate and admit the Last Will and Testament dated [__/__/____] (and any codicil) to probate (Wis. Stat. § 856.16);

b. Determine the Decedent's heirs and interested persons;

c. Appoint Petitioner as personal representative in ☐ informal (ch. 865) ☐ formal (ch. 856) administration;

d. Issue Domiciliary Letters (Letters Testamentary) to Petitioner upon qualification (Wis. Stat. § 856.13; PR-1810);

e. ☐ Appoint without bond ☐ Fix bond in the amount of $[________________] (Wis. Stat. § 856.25);

f. Set the deadline for filing claims against the estate, not less than 3 nor more than 4 months from the date of the order (Wis. Stat. § 859.01); and

g. Grant such other and further relief as is just and equitable.

10. VERIFICATION

I declare under penalty of perjury (or affirm) that the foregoing is true and correct to the best of my knowledge and belief. Wis. Stat. § 887.04; § 879.01.

Dated: [__/__/____] Place of signing: [CITY], [STATE]

Petitioner/Applicant Signature: ______________________________________
Printed Name: [PETITIONER FULL LEGAL NAME]

Attorney Signature (if any): ______________________________________
Printed Name: [ATTORNEY NAME]
State Bar of Wisconsin No.: [________________]
Address: [________________________________]
Telephone / Email: [________________________________]

11. NOTICE OF HEARING / CERTIFICATE OF MAILING

Notice (Wis. Stat. § 856.11; § 859.07): When a petition for formal administration is filed, the court sets a hearing and notice is given to interested persons by mailing a copy at least 20 days before the hearing and, where required, by publication as a class 3 notice under ch. 985. In informal administration, the Register gives notice to interested persons and (unless waived) sets the time to hear the application and the deadline for filing claims. The order setting the claims deadline fixes a date 3 to 4 months out (Wis. Stat. § 859.01).

☐ Notice of hearing mailed to all interested persons at least 20 days before the hearing (formal) (Wis. Stat. § 856.11).
☐ Notice published as required (class 3 notice, ch. 985), if applicable.
☐ Waivers and consents to informal administration obtained from interested persons (PR-1803), if applicable.
☐ Notice to creditors and to the Department of Health Services, if the Decedent received medical assistance.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]

12. ATTACHMENTS CHECKLIST

☐ PR-1801 Application for Informal Administration (informal) or PR-1320 Petition for Formal Administration (formal)
☐ Original Last Will and Testament (and any codicil)
☐ Self-Proving Affidavit (Wis. Stat. § 853.04) or Proof of Will (Wis. Stat. § 856.16)
☐ PR-1806 Proof of Heirship
☐ PR-1807 Consent to Serve / Acceptance by personal representative; PR-1802 Declination, if any
☐ PR-1803 Waiver and Consent (informal), if applicable
☐ PR-1804 Notice to Creditors; PR-1805 Notice Setting Time to Hear Application and Deadline for Filing Claims
☐ Bond, if required (Wis. Stat. § 856.25, ch. 878)
☐ Certified copy of Death Certificate
☐ PR-1810 Domiciliary Letters (Register-issued); Statement of Informal Administration (PR-1808)
☐ Filing fee; inventory fee

SOURCES AND REFERENCES

• Wis. Stat. § 856.07 (who may petition; person named in will): https://docs.legis.wisconsin.gov/statutes/statutes/856
• Wis. Stat. § 856.09 (petition for administration; contents): https://law.justia.com/codes/wisconsin/chapter-856/section-856-09/
• Wis. Stat. § 853.04 (self-proved will): https://law.justia.com/codes/wisconsin/chapter-853/section-853-04/
• Wis. Stat. § 856.25 (bond; will waiver not binding): https://law.justia.com/codes/wisconsin/chapter-856/section-856-25/
• Wis. Stat. § 859.01 (time for filing claims): https://law.justia.com/codes/wisconsin/chapter-859/section-859-01/
• Wis. Stat. ch. 865 (informal administration): https://docs.legis.wisconsin.gov/statutes/statutes/865
• Personal Representative's Guide to Informal Estate Administration in Wisconsin: https://www.wicourts.gov/services/public/selfhelp/docs/probateguide.pdf
• Wisconsin Circuit Court probate forms (PR series): https://www.wicourts.gov/forms1/circuit/index.jsp