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Wisconsin Medicaid Estate Recovery Program - Claims in Probate Court Proceedings

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Claims in Probate Court Proceedings

How does the state file a claim in a probate proceeding in a court?

When an estate is being probated through a court proceeding, the personal representative or attorney handling the estate is required to notify the Department of Health Services of the estate and of the time period in which a claim may be filed. The Department then calculates the amount of its claim and submits the claim to the court with a copy sent to the personal representative or the attorney.

The personal representative is responsible for the administration of the estate. The personal representative must make an inventory of the assets of an estate and determine what claims the estate must pay. Claims must be paid in accordance with standard probate laws and procedures.


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