Avoid Probate Headaches Estate Planning Tips for Wisconsin Families
                     Avoid Probate
Headaches: Estate
Planning Tips for
Wisconsin Families
Secure Your Legacy, Protect Your Loved Ones
Introduction
Estate planning isn’t just for the wealthy. It’s for anyone 
who wants to protect their loved ones and ensure their 
wishes are honored. Probate can be costly and time-
consuming. This presentation will help Wisconsin families 
understand how to avoid probate through effective 
estate planning.
What Is Probate?
Probate is the legal process through which a deceased 
person’s assets are distributed. It involves validating the 
will, paying off debts, and distributing assets to 
beneficiaries. In Wisconsin, probate is required if the 
estate exceeds $50,000 in value. It can take months or 
even years, and it becomes public record.
Consequences of Poor Estate 
Planning
Without proper planning:
• Assets are delayed due to court involvement
• Legal and administrative fees reduce the value of the estate
• Families may face emotional and financial strain
• The process becomes public and less private
Essential Estate Planning 
Documents
To avoid probate and protect your wishes, have these documents 
ready:
• Last Will and Testament: Outlines asset distribution and 
guardianship
• Revocable Living Trust: Bypasses probate, gives control 
during lifetime and after
• Durable Power of Attorney: Allows financial decisions if 
you're incapacitated
• Healthcare Power of Attorney: Appoints someone to make 
medical decisions
• Living Will: States your end-of-life care preferences
The Role of a Will in Wisconsin
A will is important but doesn’t avoid probate. It names an executor, sets guardians 
for minor children, and gives directions for asset distribution. However, all wills go 
through probate in Wisconsin. A will alone cannot prevent delays or legal costs.
How a Living Trust Helps Avoid Probate
A revocable living trust:
• Holds title to your assets while you're alive
• Allows you to maintain control
• Avoids probate upon death
• Speeds up the distribution process
• Keeps your affairs private and out of court
Common Mistakes to Avoid
• Not funding your trust properly
• Forgetting to update documents after major life events
• Not naming alternate beneficiaries or backup trustees
• Using DIY templates that don't meet Wisconsin laws
• Believing a will avoids probate (it doesn't)
When to Update Your Estate 
RPevlieaw ynour estate plan:
• After marriage, divorce, or birth of a child
• When acquiring or selling property
• After major health changes
• Every 3 to 5 years
• When Wisconsin estate laws change
Benefits of Working With a Wisconsin Estate 
Planning Attorney
An experienced attorney will:
• Ensure compliance with Wisconsin law
• Help avoid probate through proper tools
• Customize your plan to your family’s needs
• Offer peace of mind knowing everything is legally sound
About Us
Elder Law Center of Wisconsin
We help families across Wisconsin secure their legacy and avoid probate hassles.
125 N. Executive Drive, Suite 210, Brookfield
(262) 812-6262
[email protected]
www.elderlawcenterofwisconsin.com