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Dane County, WI Probate Information
Quick facts
| Topic | Dane County details |
|---|---|
| Court | Circuit Court for Dane County. Probate filings go to the Dane County Register in Probate in the county's probate office. |
| Probate office | Dane County Courthouse, 215 South Hamilton Street, Room 1005, Madison, WI 53703 |
| Mailing address | Dane County Courthouse, 215 South Hamilton Street, Room 1005, Madison, WI 53703-3285 |
| Phone | (608) 266-4331. The Clerk of Circuit Court counter in Room 1000 uses (608) 266-4311. |
| Hours | Monday through Friday, 7:45 a.m. to 4:30 p.m. Appointments are encouraged, and visitors should arrive in time to finish business by 4:30. |
| Fee | The statewide estate fee is paid when the inventory is filed. Through October 31, 2026, it is $20 if the property subject to administration, less encumbrances, liens or charges, is $10,000 or less, and 0.2 percent of that value if it is more (Wis. Stat. § 814.66(1)(a)2, (1)(a)3). 2025 Wis. Act 179 changes the minimum to $36 and the threshold to $18,500 effective November 1, 2026; the 0.2 percent rate does not change. |
| Local forms | The filed estate forms are the statewide PR forms. Dane County adds local checklists, a probate brochure and a personal representative duties handout. |
| E-filing | Attorneys and high-volume filing agents are required to use Wisconsin circuit court e-filing. A self-represented filer may opt in or may use traditional paper methods. The e-filing charge is $35 per party per case (Wis. Stat. § 758.19(4m), § 801.18(7)). |
| Case search | Wisconsin Circuit Court Access, WCCA, at https://wcca.wicourts.gov/. Dane County describes the online docket as showing the case number, personal representative, claim-filing deadline while open and whether claims have been filed. |
| Remote hearings | The Wisconsin Court System says the court notifies parties when a hearing is remote and sends the joining instructions. Ask the Dane County probate office about a particular hearing. |
| Website | https://courts.danecounty.gov/Prepare/Probate |
Before you begin — know the assets and liabilities
Before you call Room 1005, build a clear list of the decedent's accounts, real estate, debts, mortgages, liens and beneficiary designations. In Dane County, that information affects the route, any bond decision, the inventory and the fee assessed later under Wis. Stat. § 814.66, so asset discovery is part of estate settlement, not a side task.
Sunset searches more than 2,300 institutions to help families find accounts and assets before the first probate appointment. A complete asset picture also helps you use Dane County's route-specific checklists without returning to the probate office because a bank account, deed or debt was missed.
Which court handles jurisdiction
Dane County has one probate filing counter: the Dane County Register in Probate at the Dane County Courthouse, 215 South Hamilton Street, Room 1005, Madison. That office serves Madison, Fitchburg, Middleton, Monona, Stoughton, Sun Prairie, Verona, Cottage Grove, DeForest, McFarland, Oregon, Waunakee and the rest of Dane County's cities, villages and towns.
A proceeding for administration of a decedent's estate belongs in the Wisconsin county where the decedent was domiciled at death. If the decedent had no Wisconsin domicile, it may be filed in any Wisconsin county where the decedent's property is located, and the court that first exercises jurisdiction has exclusive jurisdiction (Wis. Stat. § 856.01).
If a Dane County decedent owned land in another Wisconsin county, the estate may still open in Dane County, but the real estate transfer document is recorded with the register of deeds in the county where that land is located. For Dane County land, recording is handled by the Dane County Register of Deeds in the City County Building, not in the courthouse probate office.
The jurisdiction process
- Confirm Dane County is the correct county. A Dane County domiciliary's estate is administered through the Circuit Court for Dane County, with filings in Room 1005 in Madison (Wis. Stat. § 856.01).
- Identify assets and debts before choosing the route. Dane County checklists are route-specific, and the value and type of assets can affect bond, the inventory and the estate settlement plan.
- File the will if there is one. Wisconsin law requires the person holding the will to file it with the court or deliver it to the person named to act as personal representative within 30 days after learning of the death and the appointment nomination (Wis. Stat. § 856.05(1)). Dane County checklists begin with the original will if it is not already on file.
- Choose the administration path. Dane County publishes separate checklists for informal administration, formal administration, summary settlement, summary assignment, special administration and ancillary administration. The county's formal administration checklist says an attorney licensed to practice in Wisconsin is required, and the court system's self-help guide says formal administration requires the assistance of an attorney while informal administration may be granted without an attorney's assistance.
- Prepare the statewide PR forms. For an informal administration, Dane County's checklist starts with PR-1801 Application for Informal Administration, PR-1806 Proof of Heirship, PR-1803 Waiver and Consent, PR-1807 Consent to Serve, PR-1804 Notice to Creditors, PR-1808 Statement of Informal Administration and PR-1810 Domiciliary Letters.
- File with the Dane County Register in Probate. Local rule 501 says documents in probate matters are filed in the office of the register in probate. Attorneys and high-volume filing agents are required to e-file under Wis. Stat. § 801.18(3)(a). A self-represented filer may opt in to e-filing or use traditional paper methods under Wis. Stat. § 801.18(3)(b), (c). The e-filing charge is $35 per party per case (Wis. Stat. § 758.19(4m), § 801.18(7)). Dane County encourages appointments and asks filers to call (608) 266-4331 once documents are complete.
- Receive Domiciliary Letters, PR-1810, after appointment and qualification. Domiciliary Letters are the authority document for the personal representative on both the informal and formal tracks.
- Publish notice to creditors. The claim deadline is a date set by order at not less than three nor more than four months from the date of that order (Wis. Stat. § 859.01). The first publication must be made within 15 days of the order (Wis. Stat. § 859.07(1)), and Dane County's guide directs the personal representative to send the notice promptly to a Dane County newspaper, naming the Wisconsin State Journal in its instructions.
- Send required agency notice when medical assistance or long-term care benefits are involved. If the decedent or the decedent's spouse received those benefits, the personal representative sends the Probate Claims Notice to the Department of Health Services Estate Recovery Section by certified mail with return receipt (Wis. Stat. § 859.07(2)).
- File the inventory, PR-1811. Wisconsin requires the inventory within a reasonable time and no later than six months after appointment unless the court changes the time, and the inventory must state which property is marital property (Wis. Stat. § 858.01). Dane County local rule 508 measures the local inventory deadline from the issuance of Domiciliary Letters and sends the inventory to the probate registrar. The Wis. Stat. § 814.66 estate fee is paid with the inventory.
- Record real estate documents when needed. Dane County's guide says the decedent's real estate is transferred by recording a personal representative's deed with the register of deeds in the county where the land is located. The Dane County Register of Deeds is in Room 110 of the City County Building, 210 Martin Luther King Jr. Blvd., Madison.
- Handle contests through the local-rule path. Dane County local rules send contested estate actions to a settlement conference before a probate court commissioner first, and then to a judge if the matter does not settle. Ask the probate office how any particular hearing will be held.
- Close the estate. An informal administration closes by filing PR-1816, the personal representative's sworn statement, with the appointment ending six months later if nothing is pending (Wis. Stat. § 865.16(2)). A formal administration closes by final judgment, PR-1912, and an order discharging the personal representative, PR-1915. Dane County local rule 509 requires closing within 12 months after Domiciliary Letters issue unless the court extends the time, and local rule 505 requires receipts or other evidence of transfer within 120 days after final judgment, or at or before the closing statement in an informal proceeding.
Executor duties
| Local duty | What Dane County adds |
|---|---|
| Publication | Send the notice to creditors to the newspaper promptly. Dane County's guide names the Wisconsin State Journal in its instructions, and the first publication must occur within 15 days of the order setting the claim deadline (Wis. Stat. § 859.07(1)). |
| Agency notice | If the decedent or the decedent's spouse received medical assistance or long-term care benefits, send the Probate Claims Notice to the Department of Health Services Estate Recovery Section by certified mail with return receipt (Wis. Stat. § 859.07(2)). Dane County puts this instruction on its route checklists. |
| Inventory | File the inventory within six months after Domiciliary Letters issue under Dane County local rule 508, unless the court extends the time. The statewide inventory duty is tied to appointment (Wis. Stat. § 858.01). |
| Fee payment | Pay the Wis. Stat. § 814.66 estate fee when the inventory is filed, not when the case is opened. |
| Closing clock | Close within 12 months after Domiciliary Letters issue or obtain an extension order. Dane County local rule 509 provides for a show-cause order to the personal representative and any estate attorney if the estate remains open past that time. |
| Receipts | File receipts or other evidence of transfer within 120 days after final judgment, or at or before filing the personal representative's statement to close in an informal proceeding, under Dane County local rule 505. |
| Letters | Order certified copies of Domiciliary Letters when needed for banks, title work or asset transfers. Certification and copy charges are set by Wis. Stat. § 814.66(1)(g), (1)(h)1. |
Forms and documents
Probate forms in Dane County
The forms filed in a Dane County decedent's estate are the Wisconsin statewide PR forms. Dane County adds local checklists and handouts that tell you which PR forms the probate office expects for each route, but those checklists are guidance documents rather than substitute court forms.
| Local publication | How to use it |
|---|---|
| Informal administration checklist | Lists the opening and closing documents for an informal administration, including PR-1801, PR-1806, PR-1803, PR-1807, PR-1804, PR-1808, PR-1810, PR-1811, PR-1814, PR-1815 and PR-1816. |
| Formal administration checklist | States that an attorney licensed to practice in Wisconsin is required and lists formal administration documents, including PR-1901, PR-1902, PR-1903 or PR-1904, PR-1905, PR-1909, PR-1910, PR-1911, PR-1912 and PR-1915. |
| Summary settlement and summary assignment checklists | Give Dane County's expected PR-form sequences for those routes and show how the office handles a concurrent request for special administration when needed. |
| Special administration and ancillary administration checklists | Identify the statewide PR forms the probate office expects for those less common filings. |
| Your duties as personal representative | Explains local practical steps, including publication, proof of publication, inventory, real estate recording and closing documents. |
| Answering your questions about probate | The county's probate brochure explains how to contact the office, how appointments work and what procedural help the probate registrars can provide. |
| Statewide probate forms | Use the Wisconsin Court System probate form index, Category 26, at https://www.wicourts.gov/forms1/circuit/ccform.jsp?Category=26&SubCat=All. |
Fees
Dane County does not add a separate local charge to the statewide estate fee under Wis. Stat. § 814.66. The local fee point to plan around is recording real estate documents with the Dane County Register of Deeds, which is a different office in a different building.
| Recording item | Dane County Register of Deeds charge |
|---|---|
| Deeds, mortgages, land contracts, satisfactions and other recorded documents | $30 per document, regardless of page count |
| Termination of decedent's property interest form | $30 |
| Uncertified copies | $2 for the first page and $1 for each additional page |
| Certified copies | $1 in addition to the uncertified copy cost |
The Register of Deeds accepts real estate recording and transfer fees by cash, check or money order made out to Register of Deeds, and in person by credit card. Dane County court filing fees cannot be paid online, and checks for court fees are made payable to Clerk of Courts.
Timeline
- Will filing: if there is a will, Wisconsin law gives the person holding it 30 days after learning of the death and the nomination to file it with the court or deliver it to the person named to act as personal representative (Wis. Stat. § 856.05(1)).
- Notice publication: the first insertion of the notice to creditors must be made within 15 days after the order setting the claim deadline (Wis. Stat. § 859.07(1)). Dane County's guide tells the personal representative to get the notice to the newspaper promptly.
- Claim deadline: the court or probate registrar sets a date by order at not less than three nor more than four months from the date of that order (Wis. Stat. § 859.01).
- Inventory: Dane County local rule 508 requires the inventory to be filed or exhibited to the probate registrar within six months after Domiciliary Letters issue unless extended by order. Wisconsin's statewide rule requires the inventory within a reasonable time and no later than six months after appointment unless changed by court order (Wis. Stat. § 858.01).
- Documents before a scheduled court date: Dane County asks that documents for a scheduled court activity be filed at least two business days before that date.
- Contested estate matters: Dane County local rules send contested estate actions to a settlement conference before a probate court commissioner before assignment to a judge if the matter does not settle.
- Closing: Dane County local rule 509 requires a formal or informal estate to be closed within 12 months after Domiciliary Letters issue unless the court extends the time.
- Receipts: Dane County local rule 505 requires receipts or other evidence of transfer within 120 days after final judgment, or at or before the personal representative's statement to close in an informal proceeding.
- Record requests: the Dane County Record Center says requests typically take one to ten business days, with extra time if an off-site file has to be retrieved.
- Office closures: if the register in probate's office cannot conduct business and a deadline passes, Dane County local rule 122 treats papers filed or fees paid on the next business day as timely.
Local nuance
Dane County-specific considerations
| Local point | Why it matters |
|---|---|
| Three rooms in one courthouse | Probate is Room 1005 at (608) 266-4331. The Clerk of Circuit Court is Room 1000 at (608) 266-4311. The Record Center is Room 1002. |
| Separate probate counter | Dane County publishes the same officeholder as Clerk of Circuit Court and Register in Probate, but the probate counter is still its own office with its own room and phone line. |
| Probate registrar role | The county publishes a designated Probate Registrar and Deputy Probate Registrar separately from the Register in Probate. In an informal administration, the file is handled by the probate registrar designated under Wis. Stat. § 865.065. |
| One office for related matters | Local rule 501 places estate, guardianship, protective placement, adoption, testamentary trust and civil commitment filings in the office of the register in probate. |
| Appointments encouraged | The probate office asks filers to call (608) 266-4331 for an appointment when documents are complete. Nothing published makes an appointment mandatory. |
| Earlier opening time | The probate office opens at 7:45 a.m., and the county asks visitors to arrive in time to finish business by 4:30 p.m. |
| 12-month closing rule | Local rule 509 requires closing within 12 months after Domiciliary Letters issue unless the court extends the time, with a show-cause order if the estate remains open. |
| Claims accepted when a file is open | Local rule 506 says the office accepts a claim in a pending probate matter regardless of timeliness, form or nature. Whether a claim is barred is decided under Wis. Stat. § 859.02. |
| Contests go to a commissioner first | Contested trust and estate actions are scheduled for a settlement conference before a probate court commissioner and assigned to a judge only if they do not settle. |
| No online court fee payment | Dane County says court filing fees cannot be paid online. Payment is made in person or by mail, with checks payable to Clerk of Courts. |
| Older files | Dane County probate records go back to 1848. Cases commenced before 1992 are available only on microfilm, and pre-1930 duplicates may be held by the Wisconsin Historical Society. |
| Register of Deeds location | Real estate recording is handled in Room 110 of the City County Building at 210 Martin Luther King Jr. Blvd., not in the courthouse. That office closes at 4:00 p.m. |
| Fax limits | Local rule 113 permits fax filing only when no filing fee is required and no court charge is incurred, and a fax transmission may not exceed 15 pages without permission. |
Small-estate Alternatives
Dane County publishes separate local checklists for summary settlement and summary assignment. Those checklists do not replace the statewide Wisconsin rules, but they do tell a local filer which PR forms the office expects.
For a summary assignment, the Dane County checklist expects PR-1842, the notice to creditors for summary assignment, when waivers and consents from all beneficiaries are on file, and PR-1843, the order and notice of hearing, when they are not (Wis. Stat. § 867.02). The summary settlement and summary assignment checklists also show how the office handles a concurrent request for special administration in the same matter, including PR-1807 Consent to Serve and PR-1853 Letters of Special Administration (Wis. Stat. § 867.01, § 867.02).
Recent updates
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Dane County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start by identifying whether the home is survivorship marital property, joint tenancy property, tenancy in common property or solely owned property. Dane County's guide says the inventory lists property owned solely or as a tenant in common and includes the decedent's one-half interest in marital property, but does not list survivorship marital property. If survivorship marital property can be cleared without a court estate, the Dane County Register of Deeds publishes a termination of decedent's property interest form and records it for $30. If an estate is needed, the filing begins in Room 1005. | Sunset finds accounts and title clues so the spouse can separate survivorship assets from assets that actually need estate settlement. |
| Out-of-state adult child with small estate | Dane County publishes checklists for each route, and the probate office asks filers to call (608) 266-4331 for an appointment when documents are complete. E-filing is available through the state system, and records requests can be made by mail, fax or email, but the county does not publish a rule saying that an opening probate filing may be mailed to Room 1005. If Dane County real estate is transferred outside a full administration, recording is handled by the Register of Deeds in the City County Building. | Sunset assembles the asset picture and packet remotely, so an out-of-state child can call the probate office with a complete list instead of traveling to Madison to learn what is missing. |
| Parent settling predeceased child's estate, home must be sold | Open the estate through Room 1005, obtain Domiciliary Letters, PR-1810, and use certified copies as proof of authority. The inventory is due within six months after Domiciliary Letters issue under Dane County local rule 508, and local rule 509 expects closing within 12 months after Domiciliary Letters issue unless the court extends the time. The county's guide says a personal representative's deed is recorded with the register of deeds in the county where the land is located and advises having an attorney draft the deed. If a relative objects, local rules send the matter first to a settlement conference before a probate court commissioner. | Sunset's asset discovery helps identify the mortgage, liens and accounts that affect whether the sale and estate settlement can stay inside Dane County's 12-month closing clock. |
Self-help resources
| Resource | What it helps with | Contact |
|---|---|---|
| Dane County probate office | The county's guide and brochure say probate registrars answer questions about probate procedure, direct people to the appropriate legal forms and do not give legal, tax or financial advice. | Room 1005, Dane County Courthouse, (608) 266-4331 |
| Dane County Law Library | Helps find forms and materials, explains Dane County form directions, shows how to use print and online resources and directs visitors to other agencies and nonprofit services. Staff cannot give legal advice, interpret the law or draft documents. | Room L1007, Dane County Courthouse, Monday through Friday, 8:30 a.m. to 4:30 p.m., (608) 266-6316 |
| A Personal Representative's Guide to Informal Estate Administration in Wisconsin | Court-system self-help guide prepared by the Wisconsin Register in Probate Association. Use the current wicourts.gov copy. | https://www.wicourts.gov/services/public/selfhelp/docs/probateguide.pdf |
| Wisconsin Court System probate self-help | Statewide probate overview, forms link and links to related resources. | https://www.wicourts.gov/services/public/selfhelp/probate.htm |
| Wisconsin probate forms | Statewide circuit court probate forms, Category 26. | https://www.wicourts.gov/forms1/circuit/ccform.jsp?Category=26&SubCat=All |
| Wisconsin Circuit Court Access | Public case lookup for Wisconsin circuit court cases, including Dane County probate dockets. | https://wcca.wicourts.gov/ |
| Dane County Record Center | Copies and inspection of Dane County court files, including probate files, unless sealed or confidential by law. Requests may be made in person, by mail, by fax or by email, but not by phone. | Room 1002, Dane County Courthouse, fax (608) 267-8859, [email protected] |
| Legal Action of Wisconsin | Free civil legal aid for eligible low-income Wisconsin residents. Its published practice areas do not specifically list decedent estate administration, so intake decides whether help is available. | https://legalaction.org/, (855) 947-2529 |
| Low-cost legal assistance in Dane County | Dane County Law Library and Wisconsin State Law Library directory of free or low-cost legal assistance organizations and clinics in Dane County. | https://wilawlibrary.gov/topics/countylinks/dclegalassist.pdf |
| State Bar of Wisconsin lawyer referral | Referral route for finding a Wisconsin attorney. | (800) 362-9082 |
When to hire an attorney
Dane County's formal administration checklist states that an attorney licensed to practice in Wisconsin is required, and the county's probate brochure says formal probate requires an attorney to represent the estate and that the personal representative must retain one. The court system's self-help guide, prepared by the Wisconsin Register in Probate Association, says a formal administration requires the assistance of an attorney and that informal administration may be granted without an attorney's assistance. In a Wisconsin court proceeding, a personal representative appears by attorney (Wis. Stat. § 879.15(2)). Counsel is especially important when the will requires formal administration, a relative contests the estate, real estate must be sold and deeded, or the estate risks missing Dane County's 12-month closing clock. Sunset connects families with a vetted local probate attorney at no cost.
How Sunset helps
Find the accounts and assets. Sunset searches more than 2,300 institutions for accounts, insurance, retirement assets and other property so families can understand what is in the estate before calling the Dane County probate office.
Generate the probate packet. Sunset organizes the information needed for the Wisconsin PR forms and Dane County's local checklist sequence, helping families prepare a cleaner estate settlement packet for Room 1005.
Find a local probate attorney. When formal administration, a contested matter, a deed, a sale or a missed deadline calls for counsel, Sunset connects families to a vetted probate attorney familiar with Wisconsin estates.
Sunset is free for families. Families can use Sunset's estate settlement tools, asset discovery and attorney connection without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Dane County?
File with the Dane County Register in Probate in the probate office, Room 1005 of the Dane County Courthouse, 215 South Hamilton Street, Madison, WI 53703. Dane County local rule 501 places probate documents in the office of the register in probate.
What is the phone number for the Dane County Register in Probate?
Call (608) 266-4331. The number (608) 266-4311 is for the Clerk of Circuit Court counter in Room 1000, not the probate office in Room 1005.
What are the Dane County probate office's hours?
The probate office is open Monday through Friday, 7:45 a.m. to 4:30 p.m., closed on county holidays. Appointments are encouraged, and the county asks visitors to arrive in time to finish all business by 4:30.
Do I need an appointment to file probate in Dane County?
Appointments are encouraged. Dane County's probate checklists ask filers to call (608) 266-4331 for an appointment when documents are complete, but nothing published by the county makes an appointment mandatory.
Do I have to e-file my Dane County probate case?
Attorneys and high-volume filing agents are required to use Wisconsin circuit court e-filing. A self-represented filer may choose e-filing or may use traditional paper methods (Wis. Stat. § 801.18(3)(a), (b), (c)). The e-filing charge is $35 per party per case (Wis. Stat. § 758.19(4m), § 801.18(7)).
How much is the fee for a Dane County estate?
The estate fee is statewide and is paid when the inventory is filed. Through October 31, 2026, it is $20 if the property subject to administration, less encumbrances, liens or charges, is $10,000 or less, and 0.2 percent of that value if it is more (Wis. Stat. § 814.66(1)(a)2, (1)(a)3). 2025 Wis. Act 179 changes the minimum to $36 and the threshold to $18,500 effective November 1, 2026; the 0.2 percent rate does not change. Dane County says court filing fees cannot be paid online.
Are there Dane County probate forms as well as the statewide ones?
The filed estate forms are the statewide Wisconsin PR forms. Dane County adds local guidance, including an informal administration checklist, formal administration checklist, summary settlement checklist, summary assignment checklist, special administration checklist, ancillary administration checklist, probate brochure and personal representative duties handout.
How long do I have to close a Dane County estate?
Dane County local rule 509 requires a formal or informal estate to be closed within 12 months after Domiciliary Letters issue unless the court extends the time. If the estate is not closed in that time, the probate court commissioner or probate registrar orders the personal representative and any attorney for the estate to show cause why the estate remains open.
Can I look up a Dane County probate case online?
Yes. Use Wisconsin Circuit Court Access at https://wcca.wicourts.gov/ and choose Dane County. Dane County describes the online docket as a scaled-down version of the court record showing the case number, the personal representative, the claim-filing deadline while it is still open and whether claims have been filed.
Do I need a lawyer to settle an estate in Dane County?
Dane County's formal administration checklist and probate brochure say formal administration requires an attorney and that the personal representative must retain one. The court system's self-help guide says formal administration requires the assistance of an attorney and that informal administration may be granted without an attorney's assistance. In a Wisconsin court proceeding, a personal representative appears by attorney (Wis. Stat. § 879.15(2)).
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.