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Wis. Stat. § 859.01 · checked 2026-10-21

How long probate takes in Wisconsin

The longest fixed wait in probate in Wisconsin is usually the creditor claim period: 3 months from the court's order setting the claims deadline under Wis. Stat. § 859.01, the order, made when the application for administration is filed, may set the deadline anywhere from 3 to 4 months out, so 3 months is the shortest. An estate cannot be closed safely before that window shuts.

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  1. 1Claim period 3 months
  2. 2Counted from Notice / letters
  3. 3Outer limit None stated
  4. 4Statute Wis. Stat. § 859.01
Claim period
3 months
Counted from
Notice or letters
Outer limit
None stated
Small-estate wait
None stated
0306090120Deathday 0 · 2026-01-15Notice / letters (example)day 45 · 2026-03-01Claim period endsday 137 · 2026-06-01days after death
Wisconsin: statutory checkpoints for an example death on January 15, 2026, assuming the triggering event (the court's order setting the claims deadline) comes 45 days later. Drawn to scale in days.

The statute

“The date shall be not less than 3 nor more than 4 months from the date of the order.”

Source: Wis. Stat. § 859.01. Last checked 2026-10-21.

Worked example: a death on January 15, 2026

CheckpointDate
Date of deathJanuary 15, 2026
Trigger: the court's order setting the claims deadlineMarch 1, 2026
Creditor claim period ends (3 months, Wis. Stat. § 859.01)June 1, 2026

Wisconsin starts the clock at the court's order setting the claims deadline, so the end date moves with the court. The example assumes that event comes 45 days after the death (March 1, 2026); a later filing pushes June 1, 2026 back day for day.

34 jurisdictions on this site give creditors longer and 5 give them less; the median is 122 days.

Illinois6 monthsOhio6 monthsMichigan4 monthsIndiana3 monthsWisconsin3 months
Creditor claim periods compared (months drawn as 30.44 days). Each period starts from a different event — see each state's page.

Steps that add time

Opening the estate costs money too: see probate court fees in Wisconsin (Wis. Stat. § 814.66(1)(a)).

Nearby East North Central timelines

Illinois: 6 months; Indiana: 3 months; Michigan: 4 months; Ohio: 6 months from death.

Related: Wisconsin small estate limit · creditor claim periods compared · executor timeline.

General information from the statute as written on 2026-10-21; not legal advice. Dates are worked examples of the statutory periods, not deadlines for any real estate. The Wisconsin probate court and its clerk can confirm how the periods run in a given case.