Probate

[Shane Baganz]

Hi all, long time reader, first time post.  I could use help on probate.  I have not found a list service that will pull probate in Wisconsin.  I have contacted all mentioned in the forums.  Probate in the legal process has many steps, each has a specific name (summary settlement, informal proceeding, etc)

My questions are:

1. At what step does one pull the probate list?

2. Is there a particular window of time that probate letters work best?

Putting myself in the shoes of those left behind, I certainly do not wish to offend, but certainly may help them.  When is the timing right?

Thank you for help!

[Joshua Martin]

@Shane Baganz

 Hey Shane, here's what I've learned researching the topic for the last two weeks in Wisconsin (because I am going to start marketing probate).

 There is no list server for probate, as every municipality performs the process somewhat differently and my guess is that there are certain 'firewalls' on city records that don't allow automated data mining (this is speculative, but Milwaukee uses the 'captcha' enter the number thing). The preceding means that the data mining needs to be performed manually - a somewhat time consuming process, but really not that difficult. I'm now compiling a list that takes me about 30 mins a morning to update and search what I need.

 For Milwaukee County, the process runs approximately as follows:

1. Check the daily reporter online and search for probate postings. This is public record and has to be posted somewhere for every county. Waukesha County on the other hand, seems to want you to pay for the Waukesha Freeman for this information. All you really need from this is the case number.

2. Go to Wisconsin circuit court access (ccap) and enter the case number, all probates run sequentially starting at 01 of the new year, e.g. 16PR1084 (that's almost the most recent, I believe).

3. Then with the case file you'll have to log this information in a spreadsheet, but you'll also want to make sure your probate 'lead' owns property. 

4. For the property search you'll have to check each municipality. Milwaukee city is different from Greenfield and West Allis and so on, but the process is approximately the same, i.e. check the tax assessor's website and see if they own the home that is listed in the case file. Although, be aware, there is some ambiguity here. It seems many of them do, but not all, and some of the properties are listed to the PR (personal representative) already, but you can't determine for certain there is any property to sell. Whether or not you will spend marketing dollars mailing these uncertainties is a question you'll have to answer for yourself.

5. Build your list and mail the leads. I've read on bigger pockets and elsewhere that 4 letters over 6 months is pretty standard for probate mailing - I'll probably send more.

Some things to keep in mind:

 The probate process is slow, and often doesn't formally start for a few months after the person has passed, or even longer in the event that they can't find the heirs that have to sign waivers.

 As far as I can tell (and this has been corroborated by the dailyreporter and the court house) the first notice that appears in Milwaukee County is a 'Notice to Creditors,' and is often times the only notice that appears publicly for the entire process. 

The PR is who you want to market to, obviously, because only they have the authority to sell property should there be any.

Marketing time, IMHO, as soon as possible, because there are people out there doing this and whose letter do you want arriving first (and last)?

An earlier poster mentioned reviewing files. I believe what he's referring to is the probate 'inventory,' but I'v gathered that for Milwaukee county this is a waste of time as the inventory is often not due until 18 months to two years after probate has begun. In my case, the closest I can get to knowing what's in that file is the tax assessors website. 

@Rick H. How's that for a training course? ;)