Petition For Summary Settlement (Formal Administration)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition For Summary Settlement (Formal Administration) is a commonly used form within Wisconsin. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

To initiate the summary settlement of an estate. May include request for special administration.

Atticus Fast Facts About Petition For Summary Settlement (Formal Administration)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition For Summary Settlement (Formal Administration):

• This form pertains to the State of Wisconsin

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Wisconsin’s Form PR-1835 - Petition For Summary Settlement (Formal Administration) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Wisconsin form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Wisconsin probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form PR-1835, take a break, and then review. Probate and estate settlement processes in WI are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form PR-1835 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form PR-1835 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition For Summary Settlement (Formal Administration) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Wisconsin.

5 reasons you should submit PR-1835 as quickly as possible:

1. The sooner you begin, the faster Wisconsin can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Wisconsin. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Wisconsin is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Wisconsin probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Wisconsin probate clerk or court for exact answers regarding Form PR-1835, and when in doubt— consult a qualified trust & estates lawyer for that area.

Petition For Summary Settlement (Formal Administration) is one of the many probate court forms available for download through Atticus.

It may also be available through some Wisconsin probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Wisconsin.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form PR-1835 - Petition For Summary Settlement (Formal Administration) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Wisconsin probate court office.

Petition For Summary Settlement (Formal Administration) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Wisconsin-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Wisconsin Form PR-1835 - Petition For Summary Settlement (Formal Administration). You can use this to get an idea of the context of the form and what type of information is needed.

PR-1835, 10/21 Petition for Summary Settlement (Formal Administration) §§711.03(10) and 867.01, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. Page 1 of 3 STATE OF WISCONSIN, CIRCUIT COURT, COUNTY IN THE MATTER OF THE ESTATE OF Name Amended Petition for Summary Settlement with Special Administration (Formal Administration) Case No. UNDER OATH, I STATE: 1.The decedent, with date of birth and date of death , was domiciled in County, State of , with a mailing address of. 2.The petitioner is interested as. 3.The estate of the decedent qualifies for summary settlement without appointment of a personal representative. was started under formal administration, meets the requirements for termination under summary settlement of small estates. was started as an informal administration, demands formal proceedings, and meets the requirements for termination under summary settlement of small estate. 4.The estate is one properly settled under summary settlement in that (Select either A or B below.) A.the estate, less the amount of the debts for which any property in the estate is security, does not exceed in value the costs, expenses, allowances, and claims under §859.25(1)(a) to (g), Wis. Stats. B.the estate, less the amount of the debts for which any property in the estate is security, does not exceed $50,000 in value and the decedent is survived by a spouse or domestic partner, or one or more minor children. 5.A detailed statement of all property subject to administration including any encumbrance, lien, or other charge against each is as follows: See attached Description of Property Includes real estate, stocks or bonds, licensed motor vehicles and all other property, including digital property as defined under §711.03(10), Wis. Stats. Value of Decedent’s Interest at Date of Death A.Total value of property subject to administration $ B.Minus total value of encumbrances, liens or other charges against each item of property ($ ) C.Net value of property subject to administration TOTAL $ (Value from Section A less total from Section B) 6.The decedent had a life estate or interest as a joint tenant or there is property which is security for a debt in which decedent had such interests for which a certificate has not been issued. Any real estate in which the decedent had this interest is described as follows: See attached Description of Property Includes real estate, stocks or bonds, licensed motor vehicles and all other property, including digital property as defined under §711.03(10), Wis. Stats. Decedent’s Interest PR-1835, 10/21 Petition for Summary Settlement (Formal Administration) §§711.03(10) and 867.01, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. Page 2 of 3 7. The names and mailing addresses of all creditors of the decedent or the decedent’s estate of whom the petitioner has knowledge and the amounts of their claims are as follows: See attached Name of Creditor Mailing Address Claim Amount $ 8. The names and mailing addresses of all interested persons (including children of decedent who are not children of the surviving spouse or domestic partner), so far as known to petitioner or ascertainable by the petitioner with reasonable diligence are as follows: (For any person with disabilities, also list any guardian of estate; for any person in the military, also list attorney or attorney in fact; and for any minor, list date of birth.) See attached Name Relationship Mailing Address If Minor, Date of Birth 9. The decedent did did not receive Medical Assistance/Medicaid. did did not receive Family Care and/or Partnership benefits (through a Managed Care Organization MCO/CMO). did did not receive benefits from the Community Options Program (COP). did did not receive benefits from Wisconsin Chronic Disease Program. was was not a patient or inmate of a state or county hospital or institution, or responsible for any person owing an obligation to the state or county Explain: The affiant lacks information to complete this section. 10. If the decedent was ever married, complete the following: (If more than one spouse, provide the same information on a separate page.) See attached Name of spouse [ living or deceased] . Married to decedent Divorced from decedent at time of decedent’s death. The spouse did did not receive benefits from the Community Options Program (COP). The spouse did did not receive benefits from the Wisconsin Chronic Disease Program. The affiant lacks information to complete this section. 11. It is necessary to appoint a special administrator with the following powers: 12. Other: I REQUEST THE COURT: Assign the property to the persons entitled to it as follows: See attached Person(s) Entitled to Receive Description of Property (Include real estate, stocks or bonds, licensed motor vehicles and all other property (including digital property as defined under §711.03(10), Wis. Stats.) Value $ PR-1835, 10/21 Petition for Summary Settlement (Formal Administration) §§711.03(10) and 867.01, Wisconsin Statutes This form shall not be modified. It may be supplemented with additional material. Page 3 of 3 1. Order any person indebted to or holding money or other property of the decedent to pay the indebtedness or deliver the property to the persons found to be entitled to receive it. 2. Certify the termination of any life estate or the right of survivorship of any joint tenant in the property described. 3. Order termination of any estate commenced under Chapter 856, discharge the personal representative and cancel any bond. 4. Appoint [Name] , mailing address as special administrator with the powers requested. 5. Other: State of County of Subscribed and sworn to before me on Notary Public/Court Official Name Printed or Typed My commission/term expires: This notarial act involved the use of communication technology. Petitioner Name Printed or Typed Address Email Address Telephone Number Date State Bar No. (if any) Form completed by: (Name) Address Email Address Telephone Number Bar Number