Wisconsin Probate Information
Quick facts
| Topic | Wisconsin rule |
|---|---|
| Court | Probate runs in the Wisconsin circuit court. The statutory definition is the circuit court or judge assigned to exercise probate jurisdiction (Wis. Stat. § 851.04). |
| Filing office | The Register in Probate is the county filing office and recordkeeper for probate matters (Wis. Stat. § 851.71 to § 851.75). |
| Where to file | File in the county where the decedent was domiciled at death. If the decedent had no Wisconsin domicile, file in a Wisconsin county where the decedent had property, and the first court to exercise jurisdiction has exclusive jurisdiction (Wis. Stat. § 856.01). |
| Administration tracks | Informal administration runs administratively before the probate registrar under Wis. Stat. ch. 865. Formal administration is a judicial proceeding before the circuit court (Wis. Stat. § 865.01, § 865.03). |
| Authority document | Domiciliary letters, form PR-1810, evidence the personal representative's authority on both informal and formal tracks (Wis. Stat. § 856.21). |
| Estate proceeding fee | Through October 31, 2026, the statewide fee is $20 where the value of property subject to administration, less encumbrances, liens or charges, is $10,000 or less, and 0.2 percent above that amount, payable when the inventory or other net-value document is filed or exhibited (Wis. Stat. § 814.66(1)(a)2, (1)(a)3). 2025 Wis. Act 179 raises those figures to $36 and $18,500 effective November 1, 2026; the 0.2 percent rate does not change. There is no maximum. |
| Electronic filing | Attorneys and high-volume filing agents e-file. Self-represented parties may opt in voluntarily or use paper by traditional methods (Wis. Stat. § 801.18(3)). Probate has been covered since July 2018. The e-filing fee is $35 per party per case and $70 for attorney-mediators under Wis. Stat. § 758.19(4m) and § 801.18(7). |
| Case search | Wisconsin Circuit Court Access, WCCA, is the statewide public circuit court case search. Probate cases carry PR or IN case-type codes. Do not assume that any particular probate document is viewable online. |
| Creditor deadline | The court, or the probate registrar in informal administration, sets the claim deadline by order at a date not less than 3 nor more than 4 months from the date of the order (Wis. Stat. § 859.01). |
| State taxes | There is no Wisconsin estate tax for decedents dying after December 31, 2007, and no Wisconsin inheritance tax or gift tax on or after January 1, 1992, according to the Wisconsin Department of Revenue. |
Before you begin — know the assets and liabilities
Before choosing a Wisconsin estate settlement path, identify the assets, debts, title, beneficiary designations and marital property classification. The answer affects whether a family can use transfer by affidavit, summary settlement, informal administration or formal administration, and it also affects the statewide fee because Wis. Stat. § 814.66 measures the fee on property subject to administration, less encumbrances, liens or charges.
Sunset helps families organize estate settlement facts before papers are prepared. Sunset's asset discovery covers more than 2,300 institutions, which can help identify accounts, loans and nonprobate transfers before you choose a Wisconsin probate route.
Which court handles probate
Wisconsin has 72 counties and 69 judicial circuits. Three circuits cover two counties each: Buffalo and Pepin, Florence and Forest, and Menominee and Shawano (Wis. Stat. § 753.06). Wisconsin also has judicial administrative districts numbered 1 to 5 and 7 to 10. There has been no sixth district since Supreme Court Order 18-01 took effect July 31, 2018. Those districts are administrative groupings, not places to file an estate.
Probate is organized through the circuit court and the county Register in Probate. The statutory word court means the circuit court or judge assigned to exercise probate jurisdiction (Wis. Stat. § 851.04). The Register in Probate is appointed by the county's judges with chief judge approval and keeps the probate record (Wis. Stat. § 851.71, § 851.72).
A Wisconsin decedent's estate is filed in the county where the decedent was domiciled at death. If the decedent had no Wisconsin domicile, the estate may be filed in a Wisconsin county where the decedent had property, and the court that first exercises jurisdiction has exclusive jurisdiction (Wis. Stat. § 856.01).
The probate process
- Find the original will and any codicil. A person who has custody of a will generally has a 30-day duty to file it with the proper court or deliver it to the person named to act as personal representative after learning of the death (Wis. Stat. § 856.05).
- List the assets, debts, title and beneficiary designations. Identify which property is marital property, because the inventory must state that classification (Wis. Stat. § 858.01).
- Choose the route. Transfer by affidavit may work when property subject to administration in Wisconsin does not exceed $50,000 in gross value (Wis. Stat. § 867.03(1g)). Summary settlement, summary assignment, title-clearing routes, informal administration and formal administration each have different tests.
- File in the county of domicile at death, or for a nonresident decedent in a Wisconsin county where property is located (Wis. Stat. § 856.01).
- For informal administration, prepare the PR informal forms, including PR-1801, PR-1806, PR-1807, PR-1808 and PR-1810, plus notice, waiver, bond or service forms if required. Formal administration opens with PR-1901.
- The probate registrar reviews an informal application for completeness, jurisdiction, consents, the will's eligibility and any bond issue. A denial of informal administration is not an adjudication and does not prevent a formal proceeding (Wis. Stat. § 865.07, § 865.08(3)).
- Post bond if required. Bond and the amount of bond are within the court's discretion, and a direction in a will to serve without bond is not binding on the court (Wis. Stat. § 856.25).
- After appointment, obtain domiciliary letters, PR-1810, as evidence of the personal representative's authority (Wis. Stat. § 856.21).
- Within 10 days after appointment in an informal administration, give interested persons the will and list of interested persons, or the list alone if there is no will (Wis. Stat. § 865.08(5)).
- Publish notice of the claims deadline. The court or probate registrar sets the deadline by order at not less than 3 nor more than 4 months from the date of the order, and the first publication must be within 15 days of the order (Wis. Stat. § 859.01, § 859.07(1)).
- Send any required agency notice. If the decedent or the decedent's spouse received medical assistance or long-term care benefits, or other listed state or county obligations apply, notice must be sent by registered or certified mail to the applicable department and the county clerk not less than 30 days before the claims deadline (Wis. Stat. § 859.07(2)).
- Inventory or exhibit the assets. The inventory is due within a reasonable time and no later than 6 months after appointment unless the time is extended or shortened, and it must show values, marital property and obligations connected to property (Wis. Stat. § 858.01, § 865.11).
- Pay the statewide estate proceeding fee when the inventory or other net-value document is filed or exhibited. Through October 31, 2026, the fee is $20 at $10,000 or less and 0.2 percent above that amount under Wis. Stat. § 814.66(1)(a)2, payable at that later point under Wis. Stat. § 814.66(1)(a)3. 2025 Wis. Act 179 raises the minimum to $36 and the threshold to $18,500 effective November 1, 2026.
- Pay claims in the statutory order if the estate is insufficient, beginning with costs and expenses of administration and continuing through the classes in Wis. Stat. § 859.25.
- Handle tax steps. File the decedent's final Wisconsin individual income tax return if required, Wisconsin Form 2 if the estate's gross income is $600 or more, according to the Wisconsin Department of Revenue, and a Closing Certificate for Fiduciaries where the court requires it (Wis. Stat. § 71.13).
- Close the estate. Informal administration closes with PR-1816, and the appointment terminates 6 months after that statement is filed if nothing is pending (Wis. Stat. § 865.16). Formal administration closes through final judgment and an order discharging the personal representative, using PR-1910 to PR-1915.
- Record real-property documents with the register of deeds in each county where the real property is located when the statute or form requires recording, including transfer by affidavit, summary orders, termination certificates, summary confirmation certificates, descent documents and abridgments of final judgment.
Types of probate
| Path | When it fits | Court involvement | Forms |
|---|---|---|---|
| Informal administration | The will permits it and names an accepting personal representative, or all interested persons consent in writing (Wis. Stat. § 865.02). | Administrative action before the probate registrar within a circuit court case (Wis. Stat. § 865.01). | PR-1801, PR-1810, PR-1816 and related informal forms. |
| Formal administration | Available in any estate, and any interested person may demand formal proceedings in an informal case at any time (Wis. Stat. § 865.03). | Judicial proceeding before the circuit court. | PR-1901 to open, PR-1810 for authority, PR-1912 and PR-1915 to close. |
| Transfer by affidavit | Property subject to administration in Wisconsin does not exceed $50,000 in gross value, and the signer is an heir, trustee of the decedent's revocable trust, person named in the will to act as personal representative, or the decedent's guardian at death (Wis. Stat. § 867.03(1g)). DHS notice may be required. | No court proceeding. The affidavit goes to the property holder, and real property is recorded with the register of deeds. | PR-1831. |
| Summary settlement | The estate, less debts secured by estate property, does not exceed $50,000 and the decedent is survived by a spouse or domestic partner, or one or more minor children, or both (Wis. Stat. § 867.01(1)(b)). | Court order assigning property without appointing a personal representative. | PR-1835, PR-1836, PR-1837. |
| Summary settlement, costs-exceed path | No dollar figure. The estate, less debts secured by estate property, does not exceed the costs, expenses, allowances and claims under Wis. Stat. § 859.25(1)(a) to (g) (Wis. Stat. § 867.01(1)(a)). | Court order assigning property without appointing a personal representative. | PR-1835, PR-1836, PR-1837. |
| Summary assignment | The estate, less debts secured by estate property, does not exceed $50,000 and cannot be summarily settled under Wis. Stat. § 867.01 (Wis. Stat. § 867.02(1)). | Court order assigning property to creditors and persons interested, with class 1 notice to creditors and an order after 30 days. | PR-1840 to PR-1844. |
| Special administration | Used when there is no person in the state to petition, no suitable person to appoint, or no personal representative is appointed at the hearing (Wis. Stat. § 879.57, § 856.27). | Circuit court appointment with authority that can be revoked when a personal representative qualifies. | PR-1850 to PR-1855. |
| Termination of joint tenancy or life estate | The decedent held a joint tenancy interest or life estate (Wis. Stat. § 867.04). | Court certificate, or an administrative register of deeds route under Wis. Stat. § 867.045. | PR-1926, PR-1927. |
| Summary confirmation of interest in property | The decedent held Wisconsin property including survivorship marital property or property passing under Wis. Stat. § 705.10(1) or § 705.18(2) (Wis. Stat. § 867.046). | Court certificate or register of deeds route. | PR-1928, PR-1929. |
| Determination of descent | The decedent died intestate, 6 years or more have passed, and no estate administration has taken place (Wis. Stat. § 867.05). | Court certificate without notice or judgment after notice, with recording for real property. | PR-1945 to PR-1948. |
| Ancillary administration | An estate being administered outside Wisconsin has Wisconsin property. | Circuit court proceeding for Wisconsin property. | PR-1960 to PR-1966B. |
Executor duties
Executor duties in Wisconsin
| Duty | Wisconsin rule | Why it matters |
|---|---|---|
| Use the correct role name | Wisconsin appoints a personal representative. The term means a person to whom letters to administer a decedent's estate have been granted by the court or by the probate registrar under ch. 865 (Wis. Stat. § 851.23). | The authority document is domiciliary letters, PR-1810, on both tracks (Wis. Stat. § 856.21). |
| File or deliver the will | A person with custody of a will generally has 30 days after learning of the death to file it with the proper court or deliver it to the person named to act as personal representative (Wis. Stat. § 856.05). | Ignoring the duty can create damages exposure and penalties under Wis. Stat. § 856.05. |
| Give early informal notice | Within 10 days after appointment in informal administration, the personal representative gives interested persons the will and list of interested persons, or the list alone if the estate is intestate (Wis. Stat. § 865.08(5)). | This is the first hard deadline after appointment on the informal track. |
| Publish creditor notice | Notice of the claim deadline is published as a class 3 notice, with the first insertion within 15 days of the order setting the deadline (Wis. Stat. § 859.07(1), § 879.05(4)). | The actual deadline is a date set by order under Wis. Stat. § 859.01. |
| Send agency notice if required | Where the decedent or spouse received medical assistance or long-term care benefits, or other listed state or county obligations apply, notice is sent by registered or certified mail to the applicable department and county clerk not less than 30 days before the claim deadline (Wis. Stat. § 859.07(2)). | Wisconsin estate recovery rules appear in ordinary administrations and in the small-estate paths. |
| Inventory or exhibit assets | The inventory is due within a reasonable time and no later than 6 months after appointment unless changed by order, and it must show value, marital property and obligations tied to property (Wis. Stat. § 858.01, § 865.11). | The statewide fee under Wis. Stat. § 814.66 is paid when the inventory or other net-value document is filed or exhibited. |
| Pay claims in order | If assets are insufficient, claims and allowances are paid in the order listed in Wis. Stat. § 859.25. | A person using transfer by affidavit assumes a duty to apply property to obligations according to the same priorities (Wis. Stat. § 867.03(2g)(a)). |
| Close on the right track | Informal administration closes by PR-1816, with appointment ending 6 months later if nothing is pending (Wis. Stat. § 865.16). Formal administration closes by final judgment and discharge forms. | Informal closing does not end with a discharge order. |
Forms and documents
Probate forms in Wisconsin
Wisconsin publishes a statewide, court-approved probate form set numbered PR-nnnn. The probate forms are Category 26 on the Wisconsin Court System forms index, and the court system's guide says Wisconsin requires the mandatory probate forms used in that guide.
| Category | Common forms | Purpose |
|---|---|---|
| Informal administration | PR-1801, PR-1803, PR-1804, PR-1805, PR-1806, PR-1807, PR-1808, PR-1810, PR-1811, PR-1813, PR-1816, PR-1817 | Open, administer and close an informal administration under Wis. Stat. ch. 865. |
| Formal administration | PR-1901, PR-1902, PR-1903, PR-1904, PR-1905, PR-1907, PR-1908, PR-1909 to PR-1915 | Open, administer, enter final judgment and discharge the personal representative in formal administration. |
| Authority | PR-1810 | Domiciliary Letters for both informal and formal administration. |
| Transfer by affidavit | PR-1831 | Transfer assets not exceeding $50,000 in gross value under Wis. Stat. § 867.03. |
| Summary settlement | PR-1835, PR-1836, PR-1837 | Court order assigning property without appointing a personal representative under Wis. Stat. § 867.01. |
| Summary assignment | PR-1840 to PR-1844 | Creditor-facing small-estate court order under Wis. Stat. § 867.02. |
| Special administration | PR-1850 to PR-1855 | Temporary or special authority under Wis. Stat. § 879.57. |
| Title-clearing routes | PR-1926, PR-1927, PR-1928, PR-1929, PR-1945 to PR-1948 | Termination of joint tenancy or life estate, summary confirmation of interest in property and determination of descent. |
| Ancillary administration | PR-1960 to PR-1966B | Wisconsin property in an estate administered elsewhere. |
Some counties add county-specific forms where no standard form exists. Ask the Register in Probate in the county where the estate will be filed whether any local form or local instruction applies.
Fees
Wisconsin's estate proceeding fee is statewide and statutory. It is based on the value of property subject to administration, less encumbrances, liens or charges, and it is paid when the inventory or other net-value document is filed or exhibited, not when the opening papers are submitted (Wis. Stat. § 814.66(1)(a)2, (1)(a)3). There is no maximum.
Through October 31, 2026, the fee is $20 where that net value is $10,000 or less, and 0.2 percent where it is more (Wis. Stat. § 814.66(1)(a)2). 2025 Wis. Act 179 raises those figures to $36 and $18,500 effective November 1, 2026; the 0.2 percent rate does not change.
| Fee | Through October 31, 2026 | From November 1, 2026 | Authority |
|---|---|---|---|
| Estate proceeding at or below the threshold | $20 at $10,000 or less | $36 at $18,500 or less | Wis. Stat. § 814.66(1)(a)2, as amended by 2025 Wis. Act 179 |
| Estate proceeding above the threshold | 0.2 percent of the value of property subject to administration, less encumbrances, liens or charges | 0.2 percent, unchanged | Wis. Stat. § 814.66(1)(a)2, as amended by 2025 Wis. Act 179 |
| Certificate terminating a life estate or homestead interest | $3 | $10 | Wis. Stat. § 814.66(1)(c), as amended by 2025 Wis. Act 179 |
| Filing objections to the probate of a will | $20 | $50 | Wis. Stat. § 814.66(1)(e), as amended by 2025 Wis. Act 179 |
| Receiving a will for safekeeping, except under Wis. Stat. § 856.05(1) | $10 | $35 | Wis. Stat. § 814.66(1)(f), as amended by 2025 Wis. Act 179 |
| Each certificate issued by a register in probate or circuit judge | $3 | $10 | Wis. Stat. § 814.66(1)(g), as amended by 2025 Wis. Act 179 |
| Copies | $1 per page | $1 per page | Wis. Stat. § 814.66(1)(h)1 |
| Filing a claim against an estate | $3 | $10 | Wis. Stat. § 814.66(1)(i), as amended by 2025 Wis. Act 179 |
| Search without a case number | $4 | $14 | Wis. Stat. § 814.66(1)(j), as amended by 2025 Wis. Act 179 |
| Electronic filing | $35 per party per case, $70 for attorney-mediators | $35 per party per case, $70 for attorney-mediators | Wis. Stat. § 758.19(4m), § 801.18(7) |
Special administrations are subject to fees, but those fees are credited against fees for a later general administration or probate (Wis. Stat. § 814.66(2)(f)). The ordinary civil commencement fee under Wis. Stat. § 814.61 is not the Wisconsin estate fee because § 814.61 applies to civil actions and special proceedings not specified in Wis. Stat. §§ 814.62 to 814.66.
Timeline
- Within 30 days after learning of the death, a person with custody of the will generally files it with the proper court or delivers it to the person named to act as personal representative (Wis. Stat. § 856.05).
- After an informal appointment, the personal representative gives interested persons the will and list of interested persons, or the list alone in an intestate estate, within 10 days (Wis. Stat. § 865.08(5)).
- The court or probate registrar sets the claim deadline by order at not less than 3 nor more than 4 months from the date of the order (Wis. Stat. § 859.01).
- The first publication of the claim deadline is made within 15 days of the order setting the deadline (Wis. Stat. § 859.07(1)).
- Agency notice, when required for medical assistance, long-term care benefits or other listed obligations, is sent by registered or certified mail not less than 30 days before the claim deadline (Wis. Stat. § 859.07(2)).
- The inventory is filed or exhibited within a reasonable time and no later than 6 months after appointment unless the time is changed by order (Wis. Stat. § 858.01, § 865.11).
- The statewide fee under Wis. Stat. § 814.66 is paid when the inventory or other net-value document is filed or exhibited. Through October 31, 2026, it is $20 at $10,000 or less and 0.2 percent above that amount; 2025 Wis. Act 179 raises those figures to $36 and $18,500 effective November 1, 2026, with the 0.2 percent rate unchanged.
- An informal estate may close after the claim deadline has passed and the estate is fully administered. If no proceeding is pending 6 months after PR-1816 is filed, the personal representative's appointment terminates (Wis. Stat. § 865.16(2)).
- The court system's guide says an estate can be closed any time after the final date to file claims has passed and should be closed within 12 months of the date it was opened.
State-specific considerations
California uses statewide Judicial Council forms (the DE-series). The same forms apply in all 58 counties, although counties may add local cover sheets. Los Angeles requires LASC PRO 010.
| Topic | Wisconsin rule | Why it matters |
|---|---|---|
| Circuit court structure | The court for probate is the circuit court or judge assigned to exercise probate jurisdiction (Wis. Stat. § 851.04). | Use the county circuit court and the Register in Probate, not a separate forum. |
| Register in Probate | The Register in Probate is appointed by the county's judges with chief judge approval and keeps probate records (Wis. Stat. § 851.71, § 851.72). | The filing counter, address, hours and phone are local facts even though the law is statewide. |
| Probate registrar | The probate registrar is a role designated by written court order under Wis. Stat. § 865.065 and may be held by the court, clerk, Register in Probate, deputy or court legal assistant. | Informal administration runs through the probate registrar, but do not assume the role holder in a county unless that court says so. |
| Staff help in informal administration | Probate registrar staff must advise, within their competence, on preparing documents required under ch. 865 (Wis. Stat. § 865.065(2)). | This is form-preparation help, not legal advice, and it applies to informal administration documents. |
| Judicial administrative districts | Wisconsin has judicial administrative districts numbered 1 to 5 and 7 to 10, with no sixth district since Supreme Court Order 18-01 took effect July 31, 2018. | Districts are administrative. An estate is filed in the county, not in a district. |
| Marital property | All property of spouses is presumed marital property unless classified otherwise, and each spouse has a present undivided one-half interest in each item of marital property (Wis. Stat. § 766.31). | The inventory must state what property is marital property (Wis. Stat. § 858.01), and a spouse's title-clearing and elective-share questions depend on that classification. |
| Attorney boundary | In a court proceeding, a personal representative appears by attorney (Wis. Stat. § 879.15(2)). The court system's guide says formal administration requires an attorney's assistance, while informal administration may be granted without an attorney's assistance. | A demand for formal proceedings, a contested claim or another hearing before a judge can change the practical path. |
Small-estate alternatives
Wisconsin has three small-estate routes and each uses $50,000 differently. Do not treat them as one rule.
| Route | Threshold | Key conditions |
|---|---|---|
| Transfer by affidavit | $50,000 in gross value of property subject to administration in Wisconsin (Wis. Stat. § 867.03(1g)). | No court proceeding. The signer must be an heir, trustee of a revocable trust created by the decedent, person named in the will to act as personal representative, or the decedent's guardian at death. Real property requires 30 days' notice to heirs and recording. DHS notice is required if the decedent or spouse ever received medical assistance or long-term care benefits. |
| Summary settlement | No dollar figure where the estate, less secured debts, does not exceed the costs, expenses, allowances and claims under Wis. Stat. § 859.25(1)(a) to (g) (Wis. Stat. § 867.01(1)(a)). | Court order without appointing a personal representative. |
| Summary settlement | $50,000 net of debts secured by estate property (Wis. Stat. § 867.01(1)(b)). | The decedent must be survived by a spouse or domestic partner, or one or more minor children, or both. |
| Summary assignment | $50,000 net of debts secured by estate property (Wis. Stat. § 867.02(1)). | Available only where the estate cannot be summarily settled under Wis. Stat. § 867.01. It includes class 1 notice to creditors and an order after 30 days. |
A person who accepts property by transfer by affidavit assumes a duty to apply it to estate obligations in statutory priority order and distribute the balance under the governing instrument or intestacy rules (Wis. Stat. § 867.03(2g)(a)). That makes asset discovery part of responsible estate settlement, not just paperwork.
Recent updates
| Change | Effective date | Authority |
|---|---|---|
| Wis. Stat. § 814.66 fees rise. The estate proceeding fee becomes $36 where the net value subject to administration is $18,500 or less, and 0.2 percent above that amount. The rate does not change. Through October 31, 2026, the figures remain $20 and $10,000 under Wis. Stat. § 814.66. | November 1, 2026 | Wis. Stat. § 814.66, as amended by 2025 Wis. Act 179 |
| The Wisconsin Circuit Court Fee, Forfeiture, Fine and Surcharge Tables were updated, confirming the estate inventory fee timing and the $35 per party e-filing fee under Wis. Stat. § 758.19(4m) and § 801.18(7). | Updated July 13, 2026 | Wisconsin Court System fee tables |
| A Guide to Informal Estate Administration in Wisconsin was revised. It states that formal administration requires the assistance of an attorney, informal administration may be granted without an attorney's assistance, and summary settlement does not require an attorney's assistance. | Revised November 2025 | Wisconsin Register in Probate Association, hosted by the Wisconsin Court System |
| Judicare Legal Aid and Legal Action of Wisconsin merged into a single statewide organization, Legal Action of Wisconsin, with one intake line at (855) 947-2529. | January 1, 2026 | Legal Action of Wisconsin and Judicare Legal Aid |
| Wisconsin Schedule CC, Request for a Closing Certificate for Fiduciaries, and its required documents may be filed electronically directly with the Wisconsin Department of Revenue. Electronic filing of Schedule CC through WI e-file or modernized e-file software is no longer available. | January 29, 2024 | Wisconsin Department of Revenue |
| Mandatory electronic filing by attorneys and high-volume filing agents took effect for Formal Probate (PR) and Informal Probate (IN) case types. Electronic filing remains voluntary for self-represented litigants. | July 2018 | Wis. Stat. § 801.18 and Wisconsin Court System e-filing timeline |
| The federal estate tax filing threshold for deaths in 2026 is $15 million per individual. | 2026 deaths | IRS estate tax filing threshold table |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Wisconsin path | Watch for | Where Sunset helps |
|---|---|---|---|
| Surviving spouse with co-owned home | Start with title and marital property. A spouse may use termination of joint tenancy or life estate, summary confirmation of interest in property, or a register of deeds route for survivorship marital property (Wis. Stat. § 867.04, § 867.045, § 867.046). Summary settlement may fit if the net estate does not exceed $50,000 and the survivor condition is met (Wis. Stat. § 867.01(1)(b)). | Each spouse has a present undivided one-half interest in each item of marital property (Wis. Stat. § 766.31). The inventory must identify marital property (Wis. Stat. § 858.01). Do not assume the house is part of the probate estate just because the decedent lived there. | Sunset helps identify accounts, debts, title clues and beneficiary designations so the family can tell whether the home needs administration, a title-clearing route or summary settlement. |
| Out-of-state adult child with small estate | If property subject to administration in Wisconsin does not exceed $50,000 in gross value, transfer by affidavit may avoid court entirely (Wis. Stat. § 867.03(1g)). If that does not fit, informal administration may be available if the will permits it or all interested persons consent (Wis. Stat. § 865.02). | Transfer by affidavit has a closed signer list, DHS notice may be required, real property requires 30 days' notice to heirs and recording, and the affiant assumes duties to pay obligations in the statutory order (Wis. Stat. § 867.03(1m), (1p), (2g)). A nonresident personal representative may need a resident agent (Wis. Stat. § 856.23). | Sunset helps locate assets across institutions, separate gross and net values, organize the PR-1831 facts and connect the family to a Wisconsin probate attorney if the matter turns formal. |
| Parent settling predeceased child's estate, home must be sold | A parent inherits under intestacy only if there is no surviving spouse, domestic partner or issue (Wis. Stat. § 852.01(1)(c)). If all interested persons agree, informal administration may be possible; otherwise formal administration may be needed (Wis. Stat. § 865.02, § 865.03). | Any interested person may demand formal proceedings at any time, and service of that demand suspends informal administration as to the demanded issues (Wis. Stat. § 865.03(2)). The court system's guide says a formal administration requires the assistance of an attorney. Real property transfers need correct recording documents. | Sunset helps gather asset and debt information, prepare an estate settlement packet and connect the parent to a vetted local probate attorney when a sale, dispute or formal proceeding is likely. |
Self-help resources
| Resource | What it offers | Link |
|---|---|---|
| Wisconsin Court System self-help law center, probate | Public probate overview, links to the informal administration guide, statewide probate forms, the county Register in Probate directory and the Wisconsin State Law Library probate topic. | https://www.wicourts.gov/services/public/selfhelp/probate.htm |
| A Guide to Informal Estate Administration in Wisconsin | An 89-page guide developed by the Wisconsin Register in Probate Association and hosted by the Wisconsin Court System. It says it is a guide and not legal advice. | https://www.wicourts.gov/services/public/selfhelp/docs/probateguide.pdf |
| Circuit court probate forms | The statewide PR form set for informal administration, formal administration, summary settlement, summary assignment, special administration, determination of descent, ancillary administration and related routes. | https://www.wicourts.gov/forms1/circuit/formcategory.jsp?Category=26 |
| Wisconsin Circuit Court Access | Statewide public circuit court case search. Probate cases carry PR or IN case-type codes. Do not assume that any particular probate document is viewable online. | https://wcca.wicourts.gov/ |
| Circuit court electronic filing | Rules and timeline showing probate covered since July 2018, with attorneys and high-volume filing agents e-filing and self-represented parties opting in voluntarily or using paper by traditional methods. | https://www.wicourts.gov/ecourts/efilecircuit/timeline.htm |
| Wisconsin Circuit Court Fee, Forfeiture, Fine and Surcharge Tables | Official court fee tables, including the probate inventory fee timing and the $35 e-filing fee under Wis. Stat. § 758.19(4m) and § 801.18(7). | https://www.wicourts.gov/courts/circuit/docs/fees.pdf |
| Zoom hearing resources | Public guidance on remote hearings, how courts notify participants, how to join by video or phone and how to request language assistance. | https://www.wicourts.gov/courts/zoom.htm |
| Directory of Wisconsin Probate offices | County-by-county Register in Probate contact listings published by the Wisconsin Register in Probate Association. | http://www.wripa.org/directory-of-wisconsin-probate-offices.html |
| Wisconsin Department of Revenue, estates, trusts and fiduciaries | Wisconsin estate, inheritance and gift tax answers, Wisconsin Form 2 information and the Closing Certificate for Fiduciaries. | https://www.revenue.wi.gov/Pages/FAQS/ise-estate.aspx |
| Wisconsin State Law Library, probate topic | Probate research page linked by the Wisconsin Court System. | http://wilawlibrary.gov/topics/estate/probate.php |
| Legal Action of Wisconsin | Free civil legal aid for eligible low-income Wisconsin residents, statewide since the January 1, 2026 merger with Judicare Legal Aid. Intake is (855) 947-2529. Its published service areas do not list decedent estate administration. | https://legalaction.org/ |
When to hire an attorney
In a Wisconsin court proceeding, a personal representative appears by attorney (Wis. Stat. § 879.15(2)). The court system's self-help guide, prepared by the Wisconsin Register in Probate Association, states that a formal administration requires the assistance of an attorney while informal administration may be granted without an attorney's assistance, and that summary settlement does not require an attorney's assistance. Summary settlement and summary assignment also carry an express right to appear in person (Wis. Stat. § 867.01(5), § 867.02(5)). Counsel makes sense when an interested person demands formal proceedings, a claim is disputed, real estate must be sold or transferred, marital property classification is unclear, tax exposure is possible or the family disagrees. Sunset connects families to a vetted local probate attorney at no cost.
How Sunset helps in Wisconsin
Find the accounts and assets. Sunset searches across more than 2,300 institutions to help identify accounts, debts and policies. In Wisconsin, that discovery affects the legal route because transfer by affidavit uses a $50,000 gross test under Wis. Stat. § 867.03, summary settlement and summary assignment use different net tests under Wis. Stat. § 867.01 and § 867.02, and the estate proceeding fee is based on property subject to administration under Wis. Stat. § 814.66.
Generate the probate packet. Sunset organizes the information families need for Wisconsin's statewide PR forms, including the will, interested persons, assets, debts, claim notices, inventory details and closing documents. The packet supports estate settlement work whether the family is using informal administration, a summary path or preparing for formal administration.
Find a local probate attorney. Wisconsin's attorney boundary is fact-specific. Formal administration requires attorney assistance according to the court system's guide, and a personal representative appears by attorney in a court proceeding (Wis. Stat. § 879.15(2)). Sunset connects families with a vetted Wisconsin probate attorney when a formal proceeding, dispute, sale or tax issue makes counsel the safer path.
Sunset is free for families. Sunset helps families organize estate settlement tasks, discover assets, generate probate materials and find attorney help without charging families for those services.
Frequently asked questions
Does Wisconsin have a probate court?
Probate runs in Wisconsin circuit court. The probate statutes define court as the circuit court or judge assigned to exercise probate jurisdiction (Wis. Stat. § 851.04). The county Register in Probate is the filing office and recordkeeper.
What is the difference between informal and formal administration in Wisconsin?
Informal administration is administration without continuous court supervision, handled administratively by the probate registrar, while still being a circuit court proceeding (Wis. Stat. § 865.01). Formal administration is a judicial proceeding before the circuit court (Wis. Stat. § 865.03(1)). Any interested person may demand formal proceedings at any time, and the demand suspends informal administration as to the demanded issues (Wis. Stat. § 865.03(2)).
Do I need a lawyer for probate in Wisconsin?
In a Wisconsin court proceeding, a personal representative appears by attorney (Wis. Stat. § 879.15(2)). The court system's guide prepared by the Wisconsin Register in Probate Association states that formal administration requires the assistance of an attorney, while informal administration may be granted without an attorney's assistance. Summary settlement and summary assignment carry their own express right to appear in person (Wis. Stat. § 867.01(5), § 867.02(5)).
How much does probate cost in Wisconsin?
Through October 31, 2026, the statewide estate proceeding fee is $20 where the value of property subject to administration, less encumbrances, liens or charges, is $10,000 or less, and 0.2 percent above that amount, payable when the inventory or other net-value document is filed or exhibited (Wis. Stat. § 814.66(1)(a)2, (1)(a)3). 2025 Wis. Act 179 raises those figures to $36 and $18,500 effective November 1, 2026; the 0.2 percent rate does not change. There is no maximum.
What is the small estate limit in Wisconsin?
There is not one single test. Transfer by affidavit uses $50,000 in gross value of property subject to administration in Wisconsin (Wis. Stat. § 867.03(1g)). Summary settlement has a no-dollar costs-exceed path and a $50,000 net path that also requires a surviving spouse, domestic partner or minor child (Wis. Stat. § 867.01(1)(a), (1)(b)). Summary assignment uses a $50,000 net test and is available only where Wis. Stat. § 867.01 is unavailable (Wis. Stat. § 867.02(1)).
How does transfer by affidavit work in Wisconsin?
Transfer by affidavit under Wis. Stat. § 867.03 is not a court proceeding. If property subject to administration in Wisconsin does not exceed $50,000 in gross value, an heir, trustee of the decedent's revocable trust, person named in the will to act as personal representative or the decedent's guardian at death may give an affidavit to the property holder. Real property requires 30 days' notice to heirs and recording, and DHS notice by certified mail is required if the decedent or spouse ever received medical assistance or long-term care benefits (Wis. Stat. § 867.03(1m), (1p), (2m)).
Where do I file a Wisconsin probate case?
File in the county where the decedent was domiciled at death. If the decedent had no Wisconsin domicile, file in a Wisconsin county where the decedent had property, and the first court to exercise jurisdiction has exclusive jurisdiction (Wis. Stat. § 856.01).
How long do creditors have to file a claim against a Wisconsin estate?
The deadline is a date set by order. The court, or the probate registrar in informal administration, sets the claim deadline at not less than 3 nor more than 4 months from the date of the order (Wis. Stat. § 859.01). A claim not filed by that date is barred against the estate, the personal representative and the heirs and beneficiaries unless an exception applies (Wis. Stat. § 859.02).
Can I look up a Wisconsin probate case online?
Wisconsin circuit court cases, including probate cases, are searchable through Wisconsin Circuit Court Access, WCCA. Probate cases carry PR or IN case-type codes. Do not assume that any particular probate document is viewable online.
Does Wisconsin have an estate tax or inheritance tax?
There is no Wisconsin estate tax for decedents dying after December 31, 2007. There is no Wisconsin inheritance tax for decedents dying on or after January 1, 1992, and no Wisconsin gift tax for gifts made on or after January 1, 1992, according to the Wisconsin Department of Revenue. A Wisconsin estate may still have income tax duties, including Wisconsin Form 2 if the estate's gross income is $600 or more.
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.