Estate planning and probate in Wisconsin
A plan says who gets what, who is in charge, and who decides for you if you cannot. Marit Halvorsen writes wills and trusts at flat fees, and guides families through probate after a death.
What a plan usually includes
Most families need four or five of these. Which ones depends on what you own and who you are planning for.
- A will
- Says who inherits, names your personal representative, and is the only way to name a guardian for children under 18.
- A revocable living trust
- Holds property while you are alive and passes it on without probate. You stay in control and can change it.
- Power of Attorney for Finances and Property
- Lets someone you trust pay bills and manage money if you cannot.
- Power of Attorney for Health Care
- Names who makes medical decisions for you if you are unable to.
- A transfer-on-death deed
- Passes a house or land to the person you name, without probate, recorded with the county.
- A beneficiary review
- Life insurance and retirement accounts go to whoever is on the form, so we check every one.
Flat fees
You know the price before we start. Fees include one round of changes and the signing meeting.
| Package | What it includes | Fee |
|---|---|---|
| Will package, one person | Will, both powers of attorney, beneficiary form review | $650 |
| Will package, married couple | The same for both spouses, written to work together | $950 |
| Trust package, one person | Revocable living trust, pour-over will, both powers of attorney, transfer of one Wisconsin property into the trust | $2,100 |
| Trust package, married couple | The same for both spouses, with marital property planning | $2,400 |
| Transfer-on-death deed | Drafted and recorded for one property | $350 |
| Farm succession plan | Will or trust planning plus a written plan for the land, machinery and the operation | Quoted after the first meeting |
Will or trust?
Seven questions, about two minutes. You get a plain-language answer for Wisconsin and the reasons behind it.
General information, not legal advice. This explains Wisconsin law in general terms. Your situation may differ, and reading it does not make us your lawyers.
Will and trust, side by side
Both say who gets what. The difference is how the property gets there.
| Question | Will | Revocable trust |
|---|---|---|
| When it takes effect | At death | As soon as it is signed and property is put into it |
| Goes through probate | Yes, for property in your name alone | No, for property titled in the trust |
| Public or private | Probate files are public | Generally private |
| Names a guardian for children | Yes. Only a will can | No. A short pour-over will does that |
| Helps if you cannot manage money | No. You need a power of attorney | Yes. Your successor trustee steps in |
| Upkeep | Update after big life changes | Title new property in the trust, and update after big changes |
| Our flat fee | From $650 | From $2,100 |
When someone has died
Probate in Wisconsin is usually simpler than people fear. There are three main paths, and we tell you which one fits before you pay for anything.
- Transfer by affidavit
- For estates with $50,000 or less in probate property. An heir can usually collect it with a sworn form, no court case.
- Informal administration
- Handled through the county probate registrar, without hearings before a judge. The usual path when nobody disagrees.
- Formal administration
- Before a circuit court judge, when there is a dispute, a missing heir or a complicated estate.
- Outside probate
- Joint accounts, named beneficiaries, transfer-on-death deeds and trust property pass without it.
Farm families
Without a plan, Wisconsin law decides who gets the land, and it does not care who has been doing the chores. A farm plan sorts out who gets the land, who runs the operation, and how to be fair to the children who do not farm.
Common questions
Can I write my own will?
You can. To be valid in Wisconsin it must be in writing, signed by you, and signed by two witnesses. Most problems with homemade wills come from what they leave out: a backup for someone who dies first, property titled in ways a will cannot reach, or a guardian for young children.
How often should we update our plan?
Look at it every three to five years, and after a marriage, divorce, birth, death, move, or a big change in what you own.
We moved here from Minnesota. Are our documents still good?
A will that was valid where you signed it is generally valid in Wisconsin. Wisconsin is a marital property state and Minnesota is not, though, so a review is worth it, and powers of attorney on Wisconsin forms are easier for local banks and hospitals to work with.
Does a trust protect my home from nursing home costs?
A revocable living trust does not. Planning for long-term care costs uses different tools and has strict look-back rules, so talk to us before you move or give away property.
Is the first meeting really free?
Yes. The first 30 minutes are free, in person or by video. If you hire us, the flat fee is in writing before we start.
Start with a free 30 minutes
Bring what you have: old wills, deeds, beneficiary forms, or just a list of questions. You leave knowing what you need and what it costs.
