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I am the executor of my sons estate in WI. He committed suicide

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I am the executor of my son's estate in WI. He committed suicide last April 24. He died Lilse Il. We live in Kenosha WI.I became executor because the clerk told me I needed to become an exector. The lady at the court house told me to fill out 2 forms- so I did. then she said I should send both to Madison with a certified green card on it. When I got it back I stapled them together, And I believed I was executor. My son had about 800 dollars in the bank. a Civic , which was worth appr $4000 . I haven't even changed the title yet. If I am not the executor, how would I become one. Thanks
Submitted: 8 years ago.
Category: Estate Law
Expert:  Attorney & Mediator replied 8 years ago.
Sorry to hear about your son's passing.

In Wisconsin if his estate is valued at less than $50,000.00 you do not need to do any formal probate. You should be able to take possession of his property by filing a small estate affidavit with the court and then take the affidavit, along with the death certificate to the bank to take acess to the account and to take possession of the vehicle and change title.

The out-of-court affidavit procedure is available in Wisconsin if the deceased person’s solely owned property in Wisconsin is worth $50,000 or less. Wis. Stat. Ann. § 867.03.

Otherwise to be named the executor, you have to file an application to probate his estate and submitted letters of administration and death certificate to the court to be appointed as the personal representative. If he had no will, you would be called the administrator (not the executor). But from the information you have provided, I don't see why you have to go through this, since you can use the affidavit to do the transfer.


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