Legal Question in Wills and Trusts in Wisconsin
Probate
Does a will have to go through probate? If so, why?
Asked on 8/14/00, 8:32 pm
1 Answer from Attorneys
JAY Nixon
nixon law offices
Re: Probate
There is no law requiring that a will go through
probate. If, however, you wish to re-title
assets in the decedant's name, you may be forced
to go through it. With proper estate planning
before death, probate proceedings ever need
be required. Unfortunately, not everyone plans
so well.
You ask why this is so. The short answer is
because that's the law. The long answer is
that such laws exist in order to assure an orderly
determination of rights between potential
heirs and creditors of the decedant under the
supervision of a neutral party, such as a judge
or registrar in probate.
Answered on 9/21/00, 3:47 pm