Families seeking compensation under the Camp Lejeune Justice Act of 2022 often face an unexpected legal obstacle: probate. When a wrongful death or survival claim involves a deceased loved one who lived in Wisconsin, the estate must typically go through the Wisconsin probate process before the federal government will release settlement funds. This step ensures that the person receiving the compensation has the legal authority to act on behalf of the estate.
At Heritage Law Office, we help families across Wisconsin secure Letters Testamentary or Letters of Administration and navigate the probate process as quickly and smoothly as possible. Contact us by either using the online form or calling us directly at 414-253-8500 for legal assistance.
Why Probate Is Required for Camp Lejeune Claims
Federal agencies, including the Department of the Navy and the Department of Justice, require proof that a person claiming or accepting a settlement is legally appointed by a court to act as the personal representative of the estate. In Wisconsin, this requires initiating probate in the county where the decedent resided.
Even if there is a valid will, or the heirs are in full agreement, the government will not accept a signature or settlement release form unless it is signed by someone with court-issued authority.
That legal authority comes in the form of:
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Letters Testamentary (if there is a will)
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Domiciliary Letters (Letters of Administration) (if there is no will)
What Are Letters Testamentary and Domiciliary Letters?
In Wisconsin probate law, these are official documents issued by the probate court that authorize a person to manage the estate of a deceased individual.
Letters Testamentary
These are issued when the decedent died with a valid will, and the will names an executor. The court will confirm the executor and issue Letters Testamentary to allow them to:
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File and manage the Camp Lejeune claim
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Sign the government's release form
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Accept and distribute the settlement
Domiciliary Letters (Letters of Administration)
When the deceased left no will, the court will appoint a personal representative (usually a surviving spouse or close family member) and issue Domiciliary Letters, which grant the same authority as Letters Testamentary.
These are often necessary in intestate estates and are critical for unlocking Camp Lejeune settlement funds.
When Is Wisconsin Probate Required?
You will need to open a Wisconsin probate if:
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The deceased resided in Wisconsin at the time of death
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The estate includes a Camp Lejeune wrongful death claim
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There is no existing court-appointed personal representative
The value of the claim itself-even if it's the only asset-triggers the need for probate because federal agencies will only pay the estate, not individuals directly.
In limited cases, small estate procedures may be possible, but most Camp Lejeune settlements will exceed Wisconsin's small estate limit and require formal probate.
Wisconsin Probate Process for Camp Lejeune Settlements
Opening probate in Wisconsin typically involves the following steps:
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Determine the correct county where the decedent lived at the time of death.
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File a petition for formal or informal administration.
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Submit the will, if there is one, and request appointment of the personal representative.
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Serve notice to heirs and creditors (as required by law).
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Receive court-issued Letters Testamentary or Domiciliary Letters.
Once these steps are completed, the appointed personal representative can accept the settlement and fulfill all other estate obligations.
How Long Does Probate Take in Wisconsin?
The timeline for Wisconsin probate varies depending on the complexity of the estate and the type of administration used.
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Informal probate for uncontested estates with clear documentation can take as little as 4 to 8 weeks to obtain Domiciliary Letters or Letters Testamentary.
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Formal probate or contested matters can extend the timeline to several months or more, especially if heirs cannot be located or if the will is challenged.
For Camp Lejeune settlements, delays in probate can delay the release of federal funds. The sooner probate is initiated, the sooner the estate can be positioned to receive compensation.
Avoiding Delays in Camp Lejeune Settlement Payouts
Camp Lejeune wrongful death settlements often come with short acceptance deadlines and strict documentation requirements. Failing to provide the necessary court-issued letters in time can result in:
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Delays or rejections of the settlement
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Requests for additional legal documents
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Loss of settlement eligibility if the estate cannot act before deadlines expire
At Heritage Law Office, we prioritize Camp Lejeune-related probate cases and work quickly to get the necessary authority in place for our clients.
Can You Use Wisconsin's Small Estate Procedures?
Wisconsin does allow for simplified procedures-such as Transfer by Affidavit-when an estate's total value is under $50,000 and other eligibility criteria are met. However, most Camp Lejeune settlements exceed this amount, especially if additional assets are involved.
Even if a family qualifies, federal agencies often reject affidavits and insist on formal probate with court-issued Letters Testamentary or Domiciliary Letters. We can help assess whether a small estate option is feasible or if formal probate is the safest route.
How a Wisconsin Probate Attorney Can Help
Our legal team can guide you through the entire Wisconsin probate process to ensure your Camp Lejeune claim is not delayed or denied. We offer:
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Petition preparation and court filings
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Will validation and notice to heirs
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Court representation if hearings are required
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Support for formal or informal administration
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Quick issuance of court documents needed for the federal claim
If you're located outside of Wisconsin but need to probate an estate here, we can handle filings locally or work with out-of-state counsel to coordinate your claim.
Contact a Probate Attorney for Camp Lejeune Settlements in Wisconsin
If your family is pursuing a Camp Lejeune wrongful death claim and the decedent lived in Wisconsin, formal probate is likely required. At Heritage Law Office, we assist clients statewide in opening probate estates, obtaining the court authority required, and ensuring their claims move forward without unnecessary delays.
Our attorneys are experienced in probate proceedings and understand the specific documentation demands associated with Camp Lejeune settlements.
Call us today at 414-253-8500 or contact us online to get started. We are here to help you navigate probate and secure the compensation your family deserves.
Frequently Asked Questions (FAQs)
1. Do I need to open probate in Wisconsin for a Camp Lejeune settlement?
Yes, if the decedent resided in Wisconsin at the time of death and is eligible for a Camp Lejeune settlement, probate will typically need to be opened in a Wisconsin court. The court will issue Letters Testamentary or Domiciliary Letters to authorize a representative to accept the settlement.
2. What are Domiciliary Letters in Wisconsin?
Domiciliary Letters are documents issued by a Wisconsin probate court when someone dies without a will (intestate). They appoint a personal representative-usually a close relative-to handle estate matters, including accepting a Camp Lejeune settlement on behalf of the estate.
3. Can Wisconsin's small estate affidavit be used for Camp Lejeune claims?
In most cases, no. Camp Lejeune settlements typically exceed the $50,000 threshold for Wisconsin's small estate affidavit process. Additionally, federal agencies usually require formal probate documentation rather than relying on an affidavit alone.
4. How long does it take to get Letters Testamentary or Domiciliary Letters in Wisconsin?
For uncontested estates, the process usually takes between 4 to 8 weeks. More complex estates, or those requiring formal probate, may take several months. Starting the process promptly helps avoid delays in accepting a settlement.
5. Can an out-of-state heir open probate in Wisconsin?
Yes. An heir who lives outside of Wisconsin can still petition to be appointed personal representative in a Wisconsin probate case. Our firm regularly assists out-of-state clients with opening probate and securing the authority required to accept Camp Lejeune settlements.