Addressing Emergencies in Wisconsin Probate Proceedings

12.17.2024

Article authored by Attorney Eric S. Johnson

There is a misconception that probate proceedings are slow and cumbersome – not well-suited to address emergencies or time-sensitive situations. Wisconsin law provides several procedures to address urgent matters effectively. This article focuses on two key procedures: the Petition to Appoint a Special Administrator and the Demand for Formal Proceedings.

Petition to Appoint a Special Administrator
When to Use: A Petition to Appoint a Special Administrator is used when there is an urgent matter that must be attended to before the Court can have a hearing to appoint a personal representative. Common situations where a special administrator is needed include where property is being damaged or stolen, or there are financial rights or obligations that must be attended to immediately to prevent loss to the estate.

Benefits:
• Immediate Action: A Special Administrator can be appointed quickly to handle urgent matters, ensuring that the estate is protected from potential losses.
• Temporary Solution: This appointment is temporary and lasts only until a permanent personal representative is appointed, providing a stopgap measure to address immediate concerns.
• Flexibility: The Court can tailor the powers of the Special Administrator to fit the specific needs of the situation, allowing for a focused and efficient response. This also prevents a person from being given more authority than is needed without a more detailed hearing.

Demand for Formal Proceedings
When to Use: A Demand for Formal Proceedings can be used to halt inappropriate behavior of a personal representative (i.e., stealing funds from the estate or favoring one beneficiary over the others). The Demand can be made by any interested party. Filing the Demand can suspend the powers of the personal representative until the Court has a hearing to determine whether to give those powers to someone else or restore them.

Benefits:
• Judicial Oversight: Filing the Demand can suspend the personal representative’s powers and change the administration of the Estate to formal administration. It will also cause the Court to schedule a hearing to learn what circumstances triggered the Demand and create a plan to address them. Under formal administration, the Court monitors the administration of the estate with a higher level of scrutiny and protection for all parties involved.
• Resolution of Disputes: This process is beneficial in resolving conflicts among heirs or beneficiaries, as the Court can make binding decisions on contested issues.
• Transparency: Formal proceedings require Court approval before the estate can distributed and closed.

Conclusion
Wisconsin law provides interested persons with options to address emergencies and time-sensitive situations in probate proceedings. The Petition to Appoint a Special Administrator and the Demand for Formal Proceedings are two key tools that provide immediate and effective solutions. By understanding and using these procedures, heirs and beneficiaries can protect their interests during the probate process.