Hiring a Wills, Trusts or Probate Lawyer in Wisconsin
What Wisconsin requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Wisconsin: fee rules
| Rules on contingency fees | Under Wisconsin SCR 20:1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated, and clearly notifying the client of expenses owed whether or not the client prevails. At the end, the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. SCR 20:1.5(d) bars contingent fees in any action affecting the family (including divorce, legal separation, annulment, paternity, support and maintenance, custody and placement, property division, termination of parental rights and adoption), except to collect past-due support, maintenance or property division, and for representing a defendant in a criminal case or any proceeding that could result in deprivation of liberty. Source: Wis. SCR 20:1.5(c)-(d) |
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| If you disagree with a lawyer's bill | The State Bar of Wisconsin's Fee Arbitration Program may be available when you and your lawyer disagree about the amount charged for legal representation, including costs or expenses. The panel's decision is final and binding, subject only to appeal rights under Chapter 788 of the Wisconsin Statutes; having a lawyer at the hearing is optional. A nonrefundable application fee of $35 to $150 per party applies. Contact feearb@wisbar.org; the Office of Lawyer Regulation does not handle fee disputes. |
| If a lawyer takes your money | The Wisconsin Lawyers' Fund for Client Protection, administered through the State Bar of Wisconsin, may reimburse clients who suffered financial loss due to the dishonest conduct of their attorney, up to the Fund's maximum amount. The committee meets three times a year and sets application deadlines for each meeting. File through the State Bar's File a Claim page; an informational brochure is available in English, Spanish and Hmong. Contact WLFCP@wisbar.org. |
Wisconsin rules to know first
| Requirements for a valid will | Any person of sound mind who is 18 or older may make a will. The will must be in writing and signed by the testator (or by another person at the testator's direction and in the testator's conscious presence). At least two witnesses must sign within a reasonable time after seeing the testator sign, or after the testator acknowledges the signature or the will, in the witness's conscious presence; the two witnesses may observe at different times. Witnessing by real-time two-way audio-video is allowed if the signing is supervised by a Wisconsin-licensed attorney, everyone is physically in Wisconsin, the will states it is executed under this procedure, and the other statutory steps are followed. A will validly executed under the law of the place where it was signed, or of the testator's residence or domicile, is also valid. The remote-witnessing option was added by 2023 Wis. Act 130. Wisconsin also provides a fill-in 'Wisconsin basic will' and 'basic will with trust' (Wis. Stat. §§ 853.50 to 853.62). |
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| Small estate affidavit | Yes, 'transfer by affidavit.' If the decedent's property subject to administration in Wisconsin does not exceed $50,000 in gross value, an heir, the trustee of the decedent's revocable trust, the person named in the will as personal representative, or the decedent's guardian at death may collect money and receive property by giving the holder an affidavit describing the property and stating the total value of the property subject to administration and whether the decedent or spouse received certain public long-term care or medical assistance benefits (if so, notice must first be sent to the Department of Health Services by certified mail). Real property may be included: at least 30 days before recording the affidavit with the register of deeds, the affiant must give the heirs a copy and notice by certified mail or personal service. A person named as personal representative who is not also an heir, trustee or guardian may not take real property this way, and holders must wait 30 days before transferring to such a person. The affiant must use the property to pay the decedent's obligations in statutory priority and distribute the rest to those entitled. There is no general waiting period after death in the statute; the 30-day waits apply only in the situations described. The Wisconsin court system's notice (PR-1831) states that the transfer by affidavit form is now maintained by the State Bar of Wisconsin. Source: Wis. Stat. § 867.03 |
| How probate works | 1) File a petition for formal administration with the circuit court, or an application for informal administration with the probate registrar (Register in Probate), in the proper county. 2) Give notice to interested persons; the court or registrar appoints the personal representative, who files any required bond and receives letters. 3) The court or registrar sets a deadline for creditor claims 3 to 4 months after the order, and notice to creditors is published. 4) The personal representative prepares an inventory within six months after appointment (in informal administration it is given to interested persons rather than filed). 5) Pay valid claims, expenses and taxes. 6) Distribute the estate and close it by final judgment or, in informal administration, by filing a sworn closing statement. |
Find and check a lawyer
| Lawyer referral service | The State Bar of Wisconsin's Lawyer Referral Service (LRS) connects the public with a trained legal assistant (not legal advice) who assesses your situation and points you to the most appropriate resource; if you need an attorney, LRS refers you to one in your area interested in your type of legal issue. Referred attorneys agree to charge no more than $20 for the first 30-minute consultation; regular fees apply after that. Phone: (800) 362-9082. |
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| Check that the lawyer is licensed | The Wisconsin Court System's Lawyer Status and History site lets the public search Wisconsin lawyers by name, State Bar number, law firm, city, state, law school or graduation year; the Office of Lawyer Regulation lists it for lawyer status and history. |
| Check discipline history or file a complaint | Grievances against Wisconsin lawyers go to the Supreme Court's Office of Lawyer Regulation (OLR). File by phone at (608) 267-7274 or (877) 315-6941, option 1 (not available to incarcerated persons); by mailing a letter or the LR-004 grievance form to Office of Lawyer Regulation, P.O. Box 1648, Madison, WI 53701-1648; or by emailing the form and documents to olr.intake@wicourts.gov. Grievances are against individual attorneys, not firms. OLR's preliminary evaluation may forward the matter, resolve a minor dispute, close it, or refer it for investigation, diversion or a consent reprimand; investigated matters can go to the Preliminary Review Committee, which can authorize a complaint in the Supreme Court. Some cases take 30 to 90 days, complex ones one to two years. You generally cannot learn whether grievances were filed, but OLR will disclose public discipline and formal complaints filed with the Supreme Court. |
Free legal help
| Free legal aid | Legal Action of Wisconsin provides free civil legal help to people who qualify. Apply online or call (855) 947-2529 (about 20 minutes); intake asks about income, assets, household size and the legal issue, applying does not guarantee services, and people who are not accepted get referrals to other resources. The Wisconsin courts' Self-Help Law Center offers forms and information for people representing themselves (not legal advice). LSC lists Legal Action of Wisconsin as its Wisconsin grantee. Self-Help Law Center: https://www.wicourts.gov/services/public/selfhelp/index.htm; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Wisconsin · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.