When an application is filed, the court must set a date in order to establish a deadline for filing claims against the estate, 3 to 4 months from the date of the order. The notice can be a publication as a class 3 notice in a newspaper that is published within the county, as long as it is eligible under Ch. 985, or as the court by order directs.
If a decedent was indebted to the state or county, or was an inmate of a state-run facility, or if a decedent or a decedent’s spouse received medical assistance; long-term financial community support services; financial aid; or other inclusive benefits, written notice must be given through registered mail or certified mail. The notice must be on forms which are provided by the appropriate department or clerk. Notice must be given a minimum of 30 days before the claim examination by the court.
If the personal representative knows of any creditors with interests in the probate proceedings and can reasonably ascertain their names and addresses, those creditors are entitled to actual notice.
The limitation on filing claims against an estate is statutory. Every claim filed against an estate, including the claims of Wisconsin and/or any of its subdivisions, whether they are due or are going to become due, whether they be absolute or contingent, or established as liquidated or unliquidated, are barred against the estate, its personal representative(s), its heirs and beneficiaries – unless it is filed with court in a timely manner.
The exceptions to this are as follows:
- Claims based on tort actions
- marital properties
- agreements with time limitations
- Wisconsin state income
- franchises or sales
- withholdings or gifts
- death taxes
- any unemployment insurance contributions which are due or benefits that were overpaid
- funeral expenses
- administration expenses
- claims made by the state or Federal Government
If you are unsure which direction you need to take in this situation, contact an Attorney right away.
Holly Mullin, J.D.
Family Law Attorney