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A GUIDE TO INFORMAL ESTATE ADMINISTRATION IN WISCONSIN Developed by the Wisconsin Register in Probate Association Revised September 2011 Additional information is available on the Internet at: http://wripa.org

... 26 Appendix: An Overview of Estate Planning in Wisconsin ......................... 28 The Petition for an Estate Plan ..................... 29 The Petition for Will and Probate ....................... 31 The Petition for Probate ..................... 34 The Petition for Succession ..................... 37 The Petition for a Divorce ................... 41 The Petition for a Change of Name................. 44 The Petition for a Domestic Partnership ............. 45 The Petition for Dissolution of Marriage and the Petition to Separate .................... 47 The Petition for Dissolution of Domestic Partnership and the Petition to Dissolve a Domestic Partnership ...................... 48 The Petition for Legal Separation and the Petition to Separate .................. 49 The Petition for Custody and Co-parenting ....................... 50 The Petition for the Foster Care of Children .................... 51 Appendix: Property and Trusts in Wisconsin .................. 53 Chapter 1. Purpose of Estate Administration. The purpose of a formal estate administration proceeding is to protect the interests of an individual on behalf of his or her creditors during his or her lifetime. An estate administration process is designed to ensure that the individual will be able to leave his or her money to his or her creditors, with minimal interference from third parties or legal entities. The Wisconsin Probate and Family Court Act § 704.05 sets forth the following principles that govern the process of estate administration: An individual must be a decedent for purposes of estate administration. If an individual dies without a will under Wisconsin law, an estate is presumed to have been established by the individual. An estate administrator is appointed to administer the estate's assets and to receive and distribute the value of the individual's personal property. The administrator is solely a custodian of property and not a trustee. Only a fiduciary or trustee can have a legal obligation to the trustee. Neither trustee, fiduciary, nor fiduciary-obligor may serve as administrator during the nonprobate period. The administrator has the sole power to manage the estate. If there is no will or if there has not been a prior probate of the will or there is no surviving spouse the probate courts of the county in which the estate is being administered can appoint another individual who has had a prior and uninterrupted probate to be appointed administrator under this Act. If there is an estate, only the decedent can appoint whom he or she wishes to administer.

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