Legal Question in Wills and Trusts in Wisconsin

I filed Personal Representative forms with the county probate in Wisconsin and was appointed personal representative as per my mother's will, but now find out the estate is worth much less than $50000. How do I back out of the informal probate and just do the small estate affidavit?

Asked on 10/17/16, 7:21 am

1 Answer from Attorneys

JAY Nixon nixon law offices

I could not answer this question without knowing more about how many beneficiaries there are. If only one, then the summary assignment of small estate procedure might work. If there are other potential beneficiaries who might complain or creditors, however, then the final probate distribution order from an estate proceeding might be well worth the trouble so long as you have already come this far. Creditors, for example, can otherwise sue you personally to the extent that your receive assets under the summary assignment.

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Answered on 10/18/16, 3:58 am

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