Practice Areas
Estate Planning Cases We Handle in Wisconsin
Wisconsin estate planning law operates under a distinctive marital property system, making proper estate planning crucial for married couples and families. The state's probate courts handle estate administration through Wisconsin's circuit court system, which oversees wills, trusts, and guardianship matters. Wisconsin law provides various estate planning tools including revocable trusts, pour-over wills, and advanced healthcare directives that must comply with specific state requirements. The state's inheritance and estate tax landscape, combined with federal regulations, creates complex planning opportunities that require local legal expertise.
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Revocable and irrevocable trusts
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Estate Planning Attorneys by City in Wisconsin
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Why It Matters
Why Hire a Estate Planning Attorney in Wisconsin?
Wisconsin-licensed estate planning attorneys understand the state's marital property laws, which differ significantly from common law states and directly impact estate planning strategies. Only attorneys admitted to the Wisconsin State Bar can represent clients in Wisconsin probate courts and provide legally binding advice on state-specific estate planning statutes. Local attorneys are familiar with Wisconsin's county-specific probate procedures and maintain relationships with local courts, ensuring efficient estate administration.
Local Courts
Wisconsin circuit courts have jurisdiction over probate matters, including estate administration, will contests, and guardianship proceedings. Each of Wisconsin's 72 counties has a circuit court that handles estate planning related litigation and probate administration.
Wisconsin Law
Wisconsin Estate Planning Laws & Deadlines
Wisconsin Statutes Chapter 851-879 govern probate and estate administration, establishing specific requirements for will execution, trust formation, and estate settlement procedures. The state requires two witnesses for will execution and has unique provisions for marital property agreements that affect estate planning strategies. Wisconsin's probate code allows for informal administration of smaller estates, with streamlined procedures for estates under certain value thresholds.
Key Facts
What to Know About Estate Planning in Wisconsin
Typical Recovery Range
Wisconsin estate planning costs typically range from $1,500 to $5,000 for comprehensive plans, depending on estate complexity and planning strategies employed.
When to Act
As soon as possible — estate planning is for everyone, not just the wealthy
Attorney Cost
Free consultation · Contingency available
Coverage
Statewide — all Wisconsin counties
Common Questions
Frequently Asked Questions
Does Wisconsin have an estate tax or inheritance tax?
Wisconsin does not impose a state estate tax or inheritance tax, having repealed its inheritance tax in 1992. However, large estates may still be subject to federal estate tax, and proper planning can help minimize this exposure while taking advantage of Wisconsin's favorable state tax environment.
How does Wisconsin's marital property law affect estate planning?
Wisconsin is a marital property state, meaning most assets acquired during marriage are owned equally by both spouses regardless of whose name is on the title. This significantly impacts estate planning strategies, as marital property receives a full step-up in basis at the first spouse's death, and surviving spouses have specific rights that must be considered in estate plans.
What are the requirements for a valid will in Wisconsin?
Wisconsin requires wills to be in writing, signed by the testator, and witnessed by two competent individuals who sign in the testator's presence. The state also recognizes holographic (handwritten) wills in limited circumstances and allows self-proving wills through notarized affidavits, which can simplify probate proceedings.
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