Monday Musings: Probate is a Marathon, Not a Sprint

Monday Musings: Probate is a Marathon, Not a Sprint

By Melinda Gustafson Gervasi

April 13, 2026

Happy Monday, readers.  Spring has arrived!  For my family that means at least one night a week you will find me in the bleachers of a local high school, cheering on track and field athletes.  My own kids are out there, where they tackle long-distance track events.  Watching them has given me a fresh perspective on my work in probate.

In a sprint, it’s all about explosive energy and immediate results. But probate? Probate is the 3200-meter run. It requires pacing, endurance, and a refusal to give up even if you are getting lapped.  If you have recently been appointed as an Executor (or as we say here in Wisconsin, Personal Representative), you might feel the urge to sprint to the finish line. My advice? Find your stride first. Here are three things to do in "Lap One" to ensure you do not crash and burn before the finish:

1. Survey the Track (Secure the Tangibles)

Before a runner starts, they check the lane for obstacles. In probate, this means securing the "ground" of the estate. Check the locks, collect the mail, and ensure the property is safe. You are not winning the race yet; you are just making sure the track is clear.

2. Check Your Vitals (Gather the Paperwork)

A long-distance runner monitors their breathing and pace. For you, that "vital" data is the documentation. Locate the original Will and order those certified Death Certificates. You cannot maintain your pace with the bank or the court without these essentials.  Keep in mind that a will nominates someone to be the personal representative.  It takes court action to actually be appointed as the personal representative and have authority to act. 

3. Don’t Kick Too Early (Wait to Pay Debts)

The biggest mistake a distance runner can make is "kicking" (speeding up) too early in the race. In the legal world, this looks like rushing to pay off credit card bills or distributing jewelry to cousins in the first week. Hold your position. You need a full view of the estate’s assets and debts before you spend a dime. 

Go Spartans!

The probate process in Wisconsin takes time—often more than people expect. But just like a long-distance race, it is manageable if you keep a steady pace and focus on the lap you are currently in.  There is no requirement to hire an attorney to handle a probate, you can handle it alone in Wisconsin.  However, for those who want some coaching, consider reaching out to an attorney with a practice devoted to estate planning and probate.  

Thanks for reading!  Remember, a blog post is not legal advice.  It is meant to spark thought and reflection.  Always seek advice from an attorney licensed in the state where you have a legal issue.  If you found this post helpful, consider sharing it on your favorite social media platform.  You can also leave a tip in the "Buy Me A Coffee" icon above in the upper right hand corner -- a strong cup of coffee is a wonderful aid when sitting down to share my thoughts on the world of estate planning and probate.  Be well, and thanks again for taking the time to read my posts.