Cornerstone Law is your Wisconsin attorney experienced in all matters relating to probate and estates. Here at Cornerstone, we believe that the law should be more accessible to all and want to empower you with education and advocacy.
We start by listening to you to find out what matters most at a free initial appointment. Then, together, we’ll explore different options to achieve your goals. Only then, once we have chosen on a path together, will we charge a fee. Throughout the process we’ll keep you updated and informed so that you’re never left wondering and we’re always here to answer your questions.
We like to offer flat fees for most probates – that way you get what you need and know exactly what it will cost you. Our hourly rates are also always available if you’d prefer to go that route or when a flat fee simply isn’t feasible. Learn more about our rates.
What is probate?
Really generally, probate is the legal process where we get things that are stuck in the name of someone who has passed away unstuck.
In the United States, only you have control of your stuff. I can’t sign a check to take money from your account and you can’t just take my house away from me. Which is normally good. But it’s still true even after we pass away, which complicates things a bit, because I can’t sign things after I’m dead.
Probate is the legal process where a judge uses their powers to ‘unstick’ things that are stuck this way. It’s got its own rules and processes to follow to make sure everything goes right and no one takes advantage. In Wisconsin, we’ve got two typical paths to choose from, informal or a formal administration.
Alternatives/Avoiding Probate. Sometimes, however, we may even be able to avoid probate altogether by checking for pay or transfer on death designations on accounts and property or using a transfer by affidavit. These options aren’t always available after the fact, but it’s always worth an expert eye to see if it’s a possibility. Let us help you see if you can avoid a probate entirely.
Informal Administration. Most estates that don’t take advantage of a trust to avoid probate will go through the ‘informal administration’ with the county’s register in probate. The process can be started with a waiver if everyone is on board, or, if not everyone is on the same page, with a hearing in front of the registrar to determine if the formal process is more appropriate.
Formal Administration. Occasionally, an estate either has assets that are complicated enough or has beneficiaries or creditors that have some sort of disagreement and will need to go through a formal probate process in front of a judge. This can look more like a typical court proceeding with fact finding, legal arguments, and judicial decisions. If this is happening to you, we want to be in your corner, to help achieve the best outcome possible.
What does the probate process look like?
Probates are a legal process with plenty of paperwork, strict deadlines, and rigid requirements. With our expertise, we can generally turn it into four easy to digest parts for you: 1) opening, 2) inventory and accounting, 3) assets, creditors, and beneficiaries, and, 4) closing.
Opening. We’ll take care of the opening paperwork for you so you can get the estate started without delay. A probate cannot move any faster than three months and is typically lasts a year to a year and a half (often because of tax forms that have to wait until tax season of the following calendar year).
Inventory and Accounting. The inventory and accounting is how you let the county know what belongs in the estate and what you’re doing with it; the accounting has a rigorous to-the-cent balancing requirement that we can help you with or we pair you with someone to simply do it for you.
Assets. Dealing with the assets and creditors is most of the legwork of the estate, and we’ve got tips and tricks for getting the most out of all kinds of assets with less work and for dealing with creditors.
Closing. Finally, towards the end of it all, the estate can flow to the beneficiaries, and we’ll help put together the closing paperwork.
What is a personal representative and what do they do?
The personal representative, often called an executor in other states, is the person in charge of the estate. They are the boots on the ground, in charge of identifying, inventorying, and liquidating or transferring assets. They must make sure creditors are paid or, when appropriate, are denied payment. They must keep records of the finances and are ultimately accountable to the court.
We, of course, make sure the personal representative knows exactly what they’re supposed to do, but, if you’d prefer, Cornerstone can serve as the personal representative, so that you and your family can focus on properly grieving and spending your time and energy where it matters most in your lives.