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What Is Probate?

Probate refers to the process where the State recognizes the executor or administrator as the estate's official probate representative. The person wishing to serve as executor submits a probate petition, often prepared by a Madison probate attorney, along with the original will and an original death certificate to the Register or Surrogate. If there is no will, the probate attorney instead prepares a petition for administration. If all is in order, the executor or administrator then receives documents proving that he or she is the estate's official representative. Probate has begun.

Probate that involves disputed issues requires representation by a Wisconsin probate lawyer and must go before a probate judge for ruling.

What Does the Probate Attorney Do?

The lawyer represents executors or administrators and helps them follow the complex rules and laws surrounding estates. Though every estate is different, typical examples of what the Madison probate lawyer does for the executor are:

  • Gathers the estate's assets
  • Obtains the information necessary to prepare the estate's fiduciary tax returns
  • Prepares inheritance and estate tax returns
  • Communicates with difficult beneficiaries
  • Obtains liability releases for the executor

Don't let your loved one's final wishes go unfulfilled. Discuss getting legal help with probate by calling (608) 616-5398 today for a free initial consultation with a Wisconsin probate attorney.