My parents just told me I've been named executor of their will. What does that mean? What does an executor do?
An executor — called a personal representative in Wisconsin — is the person responsible for managing the estate of someone who has passed away.
“The personal representative is named in a will or, if no will exists, is appointed by the probate court,” explained attorney Brian Weber. “Sometimes it’s the oldest child or the child who lives closest to the parent. It could also be a family member, friend, business associate, financial institution or trust company. What matters most is choosing a trusted person who can handle details and finances.”
Starting the probate process
To begin probate, the will must be admitted to court. This step is important because assets owned solely by the deceased can’t be accessed until a personal representative is officially appointed.
The personal representative’s responsibilities include:
• Inventorying real estate, bank accounts, investments and personal property.
• Paying debts, expenses and taxes owed by the estate.
• Distributing the remaining assets to heirs and beneficiaries.
These steps are typically carried out with the help of an attorney, and documents must be filed with the court along the way.
What passes outside probate?
Not all property goes through probate. Retirement plans, IRAs, life insurance policies, payable-on-death accounts and transfer-on-death deeds bypass probate if there are properly named beneficiaries. These designations are key tools in modern estate planning.
Estate taxes in 2025
Most estates in Wisconsin are not subject to federal estate tax. In 2025, the federal exemption is $13.61 million per person (double for married couples, if portability is elected). Transfers between spouses remain tax-free. Wisconsin does not impose a state estate tax.
Note: Under current law, the federal exemption is scheduled to be reduced by roughly half beginning in 2026, unless Congress acts.
Compensation for the personal representative
Wisconsin law provides for “reasonable compensation” for a personal representative. In practice, courts often approve fees of about 2% of the estate’s value, though this may vary depending on the estate’s complexity and the amount of work involved.
Timeline and court oversight
In Wisconsin, most probates take 9 to 18 months to complete, though some are shorter and others may take longer. Creditors must be notified, both by publication and directly if they are known. Before an estate is closed, the Wisconsin Department of Revenue must also approve.
Personal property lists
Weber recommends his clients create a personal property list to indicate who should receive certain items such as antiques, jewelry or mementos. This document can be handwritten, but to be enforceable, it must be signed, dated and specifically referenced in the will.
“Some of the hardest decisions involve items of sentimental value,” Weber noted. “Before Wisconsin law allowed this kind of document, people sometimes used stickers with their children’s names on them to mark belongings — but those stickers were not legally binding.”
