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Wisconsin Probate Deadlines: What to File and When

Every hard date in a Wisconsin probate — including the one deadline the court sets by order rather than fixing in the statute itself.

Wis. Stat. Ch. 856, 859, 865

By the FigureMyTax Editorial Team · How we calculate

Quick answer: the deadline that anchors everything else is the creditor claim deadline, which Wisconsin doesn't fix at a single number of months — instead the court or probate registrar sets it by order, somewhere between 3 and 4 months out. See the full Wisconsin probate timeline calculator for your specific estimate.

The core deadlines, in order

DeadlineWisconsin ruleStatute
Creditor can petition to open estate30 days after death, if no one else hasWis. Stat. § 856.07
Creditor claim deadline is setBy order, when the application for administration is filedWis. Stat. § 859.01
Length of that deadlineNot less than 3, nor more than 4, months from the orderWis. Stat. § 859.01
First publication of the deadlineWithin 15 days of the orderWis. Stat. § 859.07(1)
Inventory dueGenerally within 6 months of filing the petitionWisconsin Courts self-help guide
Estate should closeWithin 12 months of filingCourt district benchmarks
Hard outer limit18 months from filing, or the court intervenesCourt practice guidance

Why Wisconsin's creditor deadline works differently

Wis. Stat. § 859.01: when an application for administration is filed, the court — or the probate registrar in an informal administration — sets a deadline for filing claims against the estate by order, which must fall not less than 3 nor more than 4 months from the date of that order. This is a genuinely different mechanism from states that fix the window at a specific number of months from death or from publication written directly into the statute: in Wisconsin, the exact date is case-specific, chosen within that range by the court or registrar handling the estate.

A deadline that can't be waived

Wisconsin case law is explicit on one point: the statute of limitations governing claims filed against an estate in probate may not be waived — not by agreement between the personal representative and a creditor, and not by anyone else's consent. Once the court-ordered deadline passes, a late claim generally faces the consequences set out in Wis. Stat. § 859.02, regardless of any informal understanding.

Facing probate in Wisconsin?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Wisconsin attorney

Wisconsin probate deadlines — frequently asked questions

Can a Wisconsin creditor open an estate themselves?

Yes. Under Wis. Stat. § 856.07, any creditor of a decedent may petition to open administration of the estate 30 days after the date of death, if no one else has done so by then.

Is the Wisconsin creditor claim deadline the same in every case?

No. The court, or the probate registrar for informal administration, sets it by order for each estate individually — anywhere from 3 to 4 months from the date of that order, under Wis. Stat. § 859.01, rather than a single fixed number written into the statute.

Can the Wisconsin creditor claim deadline be waived?

No. Wisconsin case law establishes that the statute of limitations concerning claims filed against an estate in probate may not be waived, regardless of any agreement between the parties.

What happens if a Wisconsin estate isn't closed within 18 months?

The court typically steps in. For formal administration, a judge takes over remaining tasks; in informal cases, the probate registrar may replace the personal representative if there's no valid reason for the delay. An extension can be requested before reaching that point.

Keep going

Wisconsin Probate Timeline CalculatorYour estimate, based on your answers What Delays Probate in WisconsinBeyond the statutory floor Informal vs Formal AdministrationWhich one applies to your estate Wisconsin Probate vs Living TrustWould a trust have avoided this?

Estimate for general guidance only, not legal advice. Based on Wis. Stat. § 856.07, 859.01, 859.02, 859.07. Confirm current deadlines with the county Register in Probate or a licensed Wisconsin attorney.