West Salem, WI asked in Estate Planning for Wisconsin

Q: how long can creditors claim on the estate in WI?

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1 Lawyer Answer
Thomas B. Burton
Thomas B. Burton
  • Estate Planning Lawyer
  • Eau Claire, WI
  • Licensed in Wisconsin

A: After an application for administration has been filed (a probate court action has been initiated properly with the probate court) creditors have from 3-4 months to file their claim. The Court will set this deadline for a formal administration or the probate registrar will set the deadline for an informal administration. However in order to get this creditor claims period started, and set a deadline for filing claims, someone must file an application for administration of the estate. This is usually the personal representative named in the Will. However if the person died with no Will (intestate), it may be an heir or other interested person who file the application for administration. You can check out the statute here https://docs.legis.wisconsin.gov/statutes/statutes/859/01?view=section

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