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Walworth County, WI Probate Information
Quick facts
| Item | Walworth County information |
|---|---|
| Court | The Circuit Court for Walworth County. Estate filings go through the Walworth County Register in Probate, also called the Probate Office. |
| Counter address | Walworth County Register in Probate, Room 2085, Walworth County Judicial Center, 1800 County Road NN, Elkhorn, WI 53121. |
| Mailing address | P.O. Box 1001, Elkhorn, WI 53121-1001. Name the Walworth County Register in Probate on mailed papers. |
| Phone | (262) 741-7048 for the office and appointments. (262) 741-7014 is the Register in Probate direct line. |
| [email protected] | |
| Fax | (262) 741-7050. Do not use the fax as a probate filing method unless the office specifically instructs you to do so. |
| Hours | Monday through Friday, 8 a.m. to 4:30 p.m. The office asks readers to call (262) 741-7048 for an appointment. |
| Estate fee | Through October 31, 2026, $20 when the value subject to administration, less encumbrances, liens or charges, is $10,000 or less, and 0.2 percent of that value above $10,000, payable when the inventory is filed (Wis. Stat. § 814.66(1)(a)2, (1)(a)3). Effective November 1, 2026, 2025 Wis. Act 179 changes those figures to $36 and $18,500, with the 0.2 percent rate unchanged. |
| Local forms | No Walworth County decedent-estate form was found. Use the statewide Wisconsin PR forms. The office keeps an informal packet and handbook in Room 2085. |
| E-filing | Attorneys and high-volume filing agents use Wisconsin circuit court e-filing. Self-represented filers may use e-filing voluntarily or file by traditional paper methods (Wis. Stat. § 801.18(3)(b), (c)). The e-filing fee is $35 per party per case under Wis. Stat. § 758.19(4m) and § 801.18(7), unless waived under Wis. Stat. § 814.29(1). |
| Case search | Wisconsin Circuit Court Access, WCCA, at https://wcca.wicourts.gov/. Do not assume that case documents can be viewed online. |
| Remote appearance | No Walworth County probate remote-appearance rule was found. Use statewide forms GF-306 and GF-307 to request a remote appearance, and the court decides. |
| Website | https://www.co.walworth.wi.us/225/Register-in-Probate |
Before you begin — know the assets and liabilities
Before you file in Walworth County, identify the estate assets, debts, ownership form and real estate first. That matters locally because the estate fee is assessed when the inventory is filed, and Walworth County's local probate rule sets the inventory at three months from the date letters are issued unless the court orders otherwise. Sunset searches across more than 2,300 financial institutions so families can start estate settlement with a usable asset picture.
For the first trip or mailing, plan around the Elkhorn offices. The original will goes to the Walworth County Register in Probate in Room 2085 at the Judicial Center, the death certificate comes from the Walworth County Register of Deeds at the Government Center on W. Walworth Street, and the Probate Office asks readers to call (262) 741-7048 for an appointment and filing instructions.
Which court handles jurisdiction
File a Walworth County estate in Elkhorn when the decedent was domiciled in Walworth County at death. Wisconsin places jurisdiction for administration of a decedent's estate in the county where the decedent was domiciled at death; if the decedent had no Wisconsin domicile, jurisdiction is 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).
The Circuit Court for Walworth County is a single-county circuit, and Walworth County estates are handled through the Walworth County Register in Probate at the Judicial Center. The county includes communities such as Elkhorn, Lake Geneva, Delavan, Whitewater, Fontana, Williams Bay, East Troy, Genoa City and Darien. The county's local rule assigns new cases randomly among the branches, so no branch is the probate branch.
Real-estate steps may require a second Elkhorn office. The Register in Probate is at 1800 County Road NN, while the Walworth County Register of Deeds is in the Government Center at 100 W. Walworth Street, Room 102. If a transfer by affidavit under Wis. Stat. § 867.03, a summary order, a summary confirmation certificate, or an abridgment of final judgment affects Walworth County real estate, the recording step belongs at the Register of Deeds rather than at the Probate Office.
The jurisdiction process
- Decide whether the estate belongs in Walworth County. If the decedent was domiciled in Walworth County at death, the estate is filed in Elkhorn under Wis. Stat. § 856.01. If the decedent lived outside Wisconsin but owned Walworth County property, the property-location rule in Wis. Stat. § 856.01 may matter.
- File the original will on paper if one exists. The county's Probate Office publishes the same 30-day will-filing duty found in Wis. Stat. § 856.05(1): the person holding the will must file it with the proper court or deliver it to the person named to act within the statutory time.
- Choose the Wisconsin track and forms. Informal administration normally begins with PR-1801, Application for Informal Administration, and related PR-series forms. Formal administration begins with PR-1901, Petition for Formal Administration. Domiciliary Letters, PR-1810, are the authority document on both tracks.
- Call the Walworth County Register in Probate before you go or mail papers. The office is in Room 2085 of the Walworth County Judicial Center, 1800 County Road NN, Elkhorn, and asks readers to call (262) 741-7048 for an appointment. Mail goes to P.O. Box 1001, Elkhorn, WI 53121-1001.
- File the opening papers with the Probate Office. Walworth County says it does not assign probate hearing dates before pleadings are filed; the pleadings must be filed with the Probate Office before the clerk assigns a court date.
- Handle e-filing correctly. Attorneys and high-volume filing agents register for the Wisconsin circuit court e-filing system. A self-represented filer may choose e-filing or paper filing under Wis. Stat. § 801.18(3)(b), (c). If e-filing is used, the e-filing fee is $35 per party per case under Wis. Stat. § 758.19(4m) and § 801.18(7), unless waived under Wis. Stat. § 814.29(1).
- Track the estate fee at the inventory, not at opening. Through October 31, 2026, the estate fee is $20 at $10,000 or less and 0.2 percent above that value, using the statutory net base, with payment when the inventory is filed (Wis. Stat. § 814.66(1)(a)2, (1)(a)3). Effective November 1, 2026, 2025 Wis. Act 179 changes the minimum to $36 at $18,500 or less and leaves the 0.2 percent rate unchanged.
- Publish and serve notices. The claim deadline is a date set by order, by the court in a formal administration or by the probate registrar in an informal administration, at not less than three nor more than four months from the date of that order (Wis. Stat. § 859.01). Notice of that deadline is published under Wis. Stat. § 859.07(1) and § 879.05(4).
- Schedule hearings and motions only after papers are in. Walworth County's local motion rule has the calendar clerk set the date after the papers are filed. For paper motion practice, the local rule calls for a copy of the notice of motion and a self-addressed stamped envelope so the conformed copy can be returned.
- Use any approved remote-appearance request process. Walworth County does not publish a probate-specific remote rule. A person asking to appear remotely uses statewide forms GF-306 and GF-307, and the court decides.
- Administer and close under the local rules. Walworth County's local probate rule sets the inventory at three months from the date letters are issued unless the court orders otherwise, requires a final account to be filed and approved by the court to close the estate, calls for an explanation if the estate is still open at 12 months, and calls for a show-cause appearance at 18 months if there is no extension order.
Executor duties
In Walworth County, the personal representative has local duties on top of statewide Wisconsin administration duties. The most important local deadline is the inventory: unless the court orders otherwise, Walworth County's local probate rule sets the inventory at three months from the date letters are issued. If the inventory is late, the court sends notice, and if it remains late, the court issues an order to show cause.
- File a final account and have it approved by the court to close the estate.
- Be ready to explain why the estate remains open if it has not closed within 12 months.
- If the estate remains open at 18 months without an extension order, expect the personal representative and attorney to show cause before the court.
- If the estate appears insolvent and the county is a claimant, the local rule directs notice to the county's corporation counsel so the estate can be completed without unduly depleting assets.
- For paper filings, follow the local formatting rule: one-sided 8 1/2 by 11 inch paper, the case number, and the case classification or case code on the paper that starts the matter.
Forms and documents
Probate forms in Walworth County
For a Walworth County decedent's estate, use the statewide Wisconsin court-approved probate forms in the PR series. The county's clerk of circuit court page points to the Wisconsin Court System forms site, and the Register in Probate tells the public that many probate forms are downloadable fillable forms from the Wisconsin Court System. No Walworth County decedent-estate form was found.
| Form | Use |
|---|---|
| PR-1801 | Application for Informal Administration. |
| PR-1806 | Proof of Heirship for informal and formal administration. |
| PR-1808 | Statement of Informal Administration. |
| PR-1810 | Domiciliary Letters for informal and formal administration. |
| PR-1811 | Inventory for informal and formal administration. |
| PR-1814 | Estate Account for informal and formal administration. |
| PR-1816 | Personal Representative's Statement to Close Estate for informal administration. |
| PR-1819 | Claim Against Estate for informal and formal administration. |
| PR-1901 | Petition for Formal Administration. |
The Probate Office also keeps an informal packet and handbook available in Room 2085 of the Walworth County Judicial Center. Call (262) 741-7048 before going to the counter. The local rules require a county acknowledgement form before an order appointing a conservator, guardian, trustee or successor, but that local form is not a decedent-estate form.
Fees
Walworth County publishes its Register in Probate fee list, but the estate charges are Wisconsin statutory charges collected by the county office. They do not vary by county. The county page is useful because it shows the local office's collection points, while the dates below reflect the statutory change effective November 1, 2026.
| Charge | Through October 31, 2026 | From November 1, 2026 |
|---|---|---|
| Estate fee | $20 if the value of property subject to administration, less encumbrances, liens or charges, is $10,000 or less, and 0.2 percent of that value above $10,000, payable when the inventory is filed (Wis. Stat. § 814.66(1)(a)2, (1)(a)3). | 2025 Wis. Act 179 changes the minimum to $36 when that value is $18,500 or less, with the 0.2 percent rate unchanged. |
| Claim against estate | $3 through October 31, 2026, for filing a claim against an estate (Wis. Stat. § 814.66(1)(i)). | $10 from November 1, 2026, under 2025 Wis. Act 179. |
| Certified document and copy | $3 through October 31, 2026, for the certificate charge, plus $1 per page for copies as of August 2026 (Wis. Stat. § 814.66(1)(g), (1)(h)1). | $10 from November 1, 2026, for the certificate charge under 2025 Wis. Act 179; the $1 per page copy charge is not changed by Act 179. |
| Search without a case number | $4 through October 31, 2026, for searching files or records without a case number (Wis. Stat. § 814.66(1)(j)). | $14 from November 1, 2026, under 2025 Wis. Act 179. |
| E-filing fee | $35 per party per case under Wis. Stat. § 758.19(4m) and § 801.18(7), unless waived under Wis. Stat. § 814.29(1). | No county-specific change was published for this charge. |
The local fee timing matters. Because the estate fee is paid when the inventory is filed, and Walworth County's local rule sets the inventory at three months from the date letters are issued unless the court orders otherwise, the estate settlement budget should be ready early.
Local nuance
Walworth County-specific considerations
| Local point | What it means |
|---|---|
| Appointment instruction | The Register in Probate listing asks readers to call (262) 741-7048 for an appointment. Do that before going to Room 2085 or mailing a first packet. |
| No date before filing | The Probate Office says it does not give out probate hearing dates before the pleadings are filed. The local rule has the clerk assign the date after the papers are in. |
| Motion scheduling | For paper motion practice, Walworth County has motions filed in blank as to date and time, with a copy of the notice and a self-addressed stamped envelope, then the calendar clerk calls with a date. |
| Inventory schedule | Unless the court orders otherwise, the local probate rule sets the inventory at three months from the date letters are issued, followed by notice and then an order to show cause if it stays late. |
| Final account | The local probate rule provides that a final account must be filed and approved by the court in order to close the estate. |
| 12-month and 18-month checkpoints | An estate open at 12 months calls for an explanation from the personal representative. An estate still open at 18 months without an extension order brings the personal representative and attorney in to show cause. |
| Paper format | The local rule expects one-sided 8 1/2 by 11 inch paper, a case number, and the case classification or case code on the paper that starts the matter. |
| Out-of-state real estate issue | The county publishes an answer for a personal representative appointed in another state whose decedent owned Walworth County real estate: if no Wisconsin personal representative has been appointed, filing certified appointment papers in Walworth County allows that representative to act on the Walworth County real estate. |
| Two Elkhorn offices | The Register in Probate is at the Judicial Center on County Road NN. The Register of Deeds is at the Government Center on W. Walworth Street, where real-estate recording steps are handled. |
Recent updates
| Date | Walworth County update |
|---|---|
| March 2023 | Walworth County Circuit Court Rules were revised. The current local rules include a five-rule probate section covering late claims, the inventory, final judgment and insolvent estates, an acknowledgement-of-guidelines form, and the informal-probate final account. |
| August 1, 2022 | The local rules provide that all new cases are randomly assigned and equally apportioned among the branches of the Walworth County Circuit Court, with intake responsibilities rotating weekly. No branch is identified as the probate branch. |
Scenarios
| Scenario | Local path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | Start with ownership. The Register in Probate is in Room 2085 at the Judicial Center, but the real-estate recording office is the Walworth County Register of Deeds at the Government Center, 100 W. Walworth Street, Room 102. A surviving spouse may need the Register of Deeds rather than a full administration when Wisconsin summary confirmation of an interest in property applies, including survivorship marital property, under Wis. Stat. § 867.046(2). | Sunset identifies accounts and property ownership before the spouse files anything, so the family can tell what is actually part of the estate settlement and what belongs at the recording office. |
| Out-of-state adult child with small estate | Mail can go to the Walworth County Register in Probate, P.O. Box 1001, Elkhorn, WI 53121-1001, and self-represented filers can use paper filing rather than voluntary e-filing under Wis. Stat. § 801.18(3)(b), (c). Call (262) 741-7048 before mailing. If the only local issue is Walworth County real estate owned by a decedent from another state, the county publishes a route involving certified out-of-state appointment papers when no Wisconsin personal representative has been appointed. | Sunset helps the adult child find assets from out of state, prepare the Elkhorn packet, and decide when a Wisconsin probate attorney should review the real-estate step. |
| Parent settling predeceased child's estate, home must be sold | A home sale often needs attorney involvement and court papers. The original will goes to the Register in Probate in Room 2085, no court date is assigned until pleadings are filed, the local rule sets the inventory at three months from the date letters are issued unless the court orders otherwise, and the local rule requires a final account approved by the court to close the estate. After formal closing, real-estate recording may be at the Register of Deeds in the Government Center. | Sunset gathers the asset picture, generates the probate packet, and connects the parent with a local probate attorney for the sale and closing steps of the estate settlement. |
Self-help resources
| Resource | What it helps with | Link |
|---|---|---|
| Walworth County Register in Probate | The local Probate Office page, public probate answers, fee page links, and Estate Recovery Program link. | Register in Probate |
| Walworth County Register in Probate fees | The office's own list of estate charges, claim charges, certification and copy charges, search charges, and will-related charges. Several of these charges change on November 1, 2026 under 2025 Wis. Act 179. | Fees |
| Walworth County Circuit Court Rules | Local rules for filing format, motion scheduling, adjournments, late claims, the inventory, final account and estate-closing checkpoints. | Local court rules |
| A Personal Representative's Guide to Informal Estate Administration in Wisconsin | The Wisconsin Court System's self-help guide prepared by the Wisconsin Register in Probate Association for informal administration. | Informal administration guide |
| Wisconsin Court System probate self-help | Statewide probate self-help, the informal guide, the probate forms category and related public resources. | Probate self-help |
| Circuit court probate forms | The statewide PR-series probate forms, including informal administration, formal administration, claims, inventory and closing forms. | Probate forms |
| Wisconsin Circuit Court Access | Public case search for Wisconsin circuit court cases, including probate cases. Do not assume case documents can be read online. | WCCA |
| Legal Action of Wisconsin | Free civil legal aid for eligible low-income Wisconsin residents, with statewide intake at (855) 947-2529. Intake decides whether help is available for a particular issue. | Legal Action of Wisconsin |
| Wisconsin State Law Library, Walworth County legal resources | County legal resource listings, including the Register in Probate, clerk of circuit court, Register of Deeds and local legal assistance resources. | Walworth County legal resources |
When to hire an attorney
In a Wisconsin court proceeding, a personal representative appears by attorney (Wis. Stat. § 879.15(2)). Informal administration under Wis. Stat. ch. 865 runs administratively before the probate registrar rather than as a proceeding in court, and probate registrar staff have a statutory duty to advise, within their competence, on preparing those informal-administration documents (Wis. Stat. § 865.065(2)). The Wisconsin Court System's self-help guide, prepared by the Wisconsin Register in Probate Association, states that formal administration requires the assistance of an attorney, that informal administration may be granted without an attorney's assistance, and that summary settlement does not require an attorney's assistance. Walworth County's Register in Probate publishes the same boundary and adds that an attorney may be used as needed during informal administration, that the case can switch to formal administration, and that the personal representative would then be required to retain an attorney. Summary settlement and summary assignment also carry their own express right to appear in person (Wis. Stat. § 867.01(5), § 867.02(5)). In Walworth County, counsel is especially useful when real estate must be sold, an heir objects, a late claim triggers written objections, or the estate is still open at 18 months and the local rule brings the attorney and personal representative in to show cause. Sunset connects families to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across more than 2,300 financial institutions to help families find bank accounts, investments, insurance, retirement accounts and other assets before they file. In Walworth County, that matters because the inventory and the estate fee arrive early under the local three-month inventory schedule.
Generate the probate packet. Sunset turns the asset picture and family information into an organized probate packet for the Walworth County Register in Probate, using the statewide Wisconsin PR forms and the local filing details for Room 2085 in Elkhorn.
Find a local probate attorney. If the estate needs formal administration, a real-estate sale, a response to objections, or help with Walworth County's 12-month and 18-month local checkpoints, Sunset connects the family with a vetted Wisconsin probate attorney.
Sunset is free for families. Sunset helps families organize estate settlement, locate assets, prepare filings and connect with local help without charging families for the service.
Frequently asked questions
Where do I file to probate a will in Walworth County?
File with the Walworth County Register in Probate, Room 2085, Walworth County Judicial Center, 1800 County Road NN, Elkhorn, WI 53121. Mail goes to P.O. Box 1001, Elkhorn, WI 53121-1001. Wisconsin jurisdiction is based on the county where the decedent was domiciled at death, or, for a non-Wisconsin domiciliary, a Wisconsin county where the decedent's property is located (Wis. Stat. § 856.01).
What is the phone number for the Walworth County Register in Probate?
Call (262) 741-7048 for the Probate Office and appointments. The Register in Probate direct line is (262) 741-7014, and the office email is [email protected].
Do I need an appointment at the Walworth County Register in Probate?
The office's public listing asks readers to call (262) 741-7048 for an appointment. Hours are Monday through Friday, 8 a.m. to 4:30 p.m.
Can I mail a probate filing to Walworth County, or do I have to use e-filing?
Mail can be sent to the Walworth County Register in Probate at P.O. Box 1001, Elkhorn, WI 53121-1001. Attorneys and high-volume filing agents use the Wisconsin circuit court e-filing system, but a self-represented filer may voluntarily register or use traditional paper methods (Wis. Stat. § 801.18(3)(b), (c)). Do not fax a probate filing unless the Probate Office specifically instructs you to do so.
What does it cost to open an estate in Walworth County?
The estate fee is statewide and statutory. Through October 31, 2026, it is $20 when the value of property subject to administration, less encumbrances, liens or charges, is $10,000 or less, and 0.2 percent above $10,000, paid when the inventory is filed (Wis. Stat. § 814.66(1)(a)2, (1)(a)3). Effective November 1, 2026, 2025 Wis. Act 179 changes the minimum to $36 at $18,500 or less and leaves the 0.2 percent rate unchanged. If e-filing is used, the separate e-filing fee is $35 per party per case under Wis. Stat. § 758.19(4m) and § 801.18(7), unless waived under Wis. Stat. § 814.29(1).
When is the inventory due in a Walworth County estate?
Walworth County's local probate rule directs that, unless the court orders otherwise, the inventory be filed within three months from the date letters are issued. If it is late, the court sends notice, and if it remains late, the court issues an order to show cause. Statewide, Wis. Stat. § 858.01 allows the court to shorten or extend the outside inventory period by order.
How long does a Walworth County estate take to close?
Walworth County publishes case processing goals for estate cases of 75 percent disposed within 420 days and 90 percent within 540 days, but those are goals, not promises. The local probate rule also requires an explanation when an estate is not closed within 12 months and a show-cause appearance by the attorney and personal representative if the estate is still open at 18 months without an extension order.
Does Walworth County have its own probate forms?
For a decedent's estate, use the statewide Wisconsin PR forms. Walworth County does not publish a separate decedent-estate form, and the office keeps an informal packet and handbook available in Room 2085. Call (262) 741-7048 before going to the counter.
Can I look up a Walworth County estate case online?
Wisconsin circuit court cases, including probate cases, are searchable through WCCA at https://wcca.wicourts.gov/. Use WCCA for case search, but do not assume that wills, inventories or other documents can be read online. For older Walworth County probate records, the Probate Office says it keeps an index card file, has records filed after November 1996 on the computer, and has microfilm available for viewing.
My relative lived in Illinois but owned property in Walworth County. What do I do?
Walworth County's Register in Probate publishes a specific answer for an out-of-state personal representative whose decedent owned Walworth County real estate. If no personal representative has been appointed in Wisconsin, the office states that filing a certified copy of the out-of-state appointment papers in Walworth County allows that representative to exercise power over the Walworth County real estate, including sale or assignment. The Wisconsin jurisdiction rule also allows administration in a Wisconsin county where a nonresident decedent's property is located (Wis. Stat. § 856.01).
Do I need a lawyer for a Walworth County estate?
A personal representative appears by attorney in a Wisconsin court proceeding (Wis. Stat. § 879.15(2)). The Wisconsin Court System's informal-administration guide states that formal administration requires the assistance of an attorney, while informal administration may be granted without an attorney's assistance. Walworth County's Register in Probate publishes the same boundary and adds that if an informal administration switches to formal administration, the personal representative would then be required to retain an attorney.
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.