Wisconsin Probate Guide
County-specific probate filing-office contacts, filing fees, required forms, and step-by-step estate settlement guidance for executors in Wisconsin.
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Wisconsin Probate Guides
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Wisconsin Probate Guide
How the Wisconsin probate process works: circuit court and Register in Probate, formal vs informal administration under ch. 865, claim deadlines, and small estates.
How to Avoid Probate in Wisconsin
How to avoid probate in Wisconsin: marital property, POD/TOD accounts, beneficiary forms, TOD real estate deeds, the $50,000 transfer by affidavit, and trusts.
Wisconsin Small Estate Affidavit (Transfer by Affidavit)
Wisconsin's transfer by affidavit moves a $50,000-or-less estate without full probate, plus summary settlement and summary assignment under Wis. Stat. ch. 867.
Wisconsin Probate Timeline
Wisconsin probate timeline and key deadlines: 3-to-4-month claim deadline, 6-month inventory, 18-month closing target, and small estate windows.
Wisconsin Executor Duties
Wisconsin personal representative duties guide: get domiciliary letters, file the 6-month inventory, give creditor notice, and follow Wis. Stat. ch. 857.
How Much Does Probate Cost in Wisconsin
Wisconsin probate costs explained: the 0.2% register in probate filing fee under Wis. Stat. 814.66, when small estates skip it, and why Wisconsin has no estate tax.
Browse Wisconsin guide topics
Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.
Probate Basics
4Executor Duties
1Taxes & Deadlines
3Planning Documents
3Avoiding Probate
1Wisconsin Probate Self-Help and Online Resources
Wisconsin probate source navigation starts with state court, form, agency, legal-help, or referral links that are already tracked in Settled state data. These links are state-level starting points, not county-specific filing instructions.
Which Wisconsin probate source should you use?
- Start with the state court, form, or self-help source for general Wisconsin probate context.
- Use county filing-office, clerk, register, or court pages for local filing locations, local forms, fee schedules, and records portals.
- Use legal-help, law-library, or referral links as research or referral paths, not as a substitute for counsel.
- Verify current filing steps with the county office, court, clerk, register, legal-aid source, or counsel before filing.
Wisconsin probate resource questions
Are these Wisconsin probate resources county-specific?
No. This map shows state-level source links from Settled data. Use it with the Wisconsin county page and the county office handling the estate before filing.
Which Wisconsin source should I use first?
Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.
Does the Wisconsin Probate Resource Map replace attorney review?
No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.
Wisconsin probate resource map by source type
Statewide process, forms, and code sources
State court, form, statute, agency, and self-help sources for general probate and estate-settlement questions.
- Wisconsin Court System - Probate Self-Help Law Center
State-level source record in Settled data, accessed 2026-06-13.
- A Guide to Informal Estate Administration in Wisconsin (Wisconsin Court System)
State-level source record in Settled data, accessed 2026-06-13.
Referral-navigation sources
Referral paths for finding certified lawyer-referral services when a family wants help locating counsel.
- Wisconsin Legal Explorer (Wisconsin legal aid directory)
State-level source record in Settled data, accessed 2026-06-13.
Settled pairs these Wisconsin source links with county pages, forms, first-step guides, transfer guides, and source notes so families can move from statewide context to the local office that handles the estate.
Types of Probate in Wisconsin
Wisconsin offers several probate procedures depending on estate value and circumstances.
Formal Probate
Court-supervised administration for estates that do not qualify for a shortcut.
- Timeline
- 6-12+ months
- Attorney
- Recommended
Simplified Probate
A shorter court process that may be available for qualifying estates.
- Timeline
- Varies
- Attorney
- Recommended
Small Estate Procedure
A limited shortcut for qualifying small estates.
- Timeline
- Varies
- Attorney
- Optional
Wisconsin Probate Filing Offices by County
72 counties with detailed data
Showing 36 of 72 counties. Search by county name or show the full list.
Wisconsin Estate Law Overview
Wisconsin Estate Tax Info
Wisconsin has no state estate tax (for deaths after December 31, 2007) and no state inheritance tax (for deaths on or after January 1, 1992), and Wisconsin does NOT impose a separate probate tax. Wisconsin does have a state income tax.
Federal estate tax info
Federal estate tax only applies to estates exceeding $15,000,000 (2026).
Who Inherits Without a Will?
Intestate succession determines who receives a Wisconsin decedent's net estate that passes by probate when the decedent dies without a valid will, under Wis. Stat. ch. 852.
View spouse inheritance rules
Under Wis. Stat. § 852.01(1)(a)1, if there are no surviving issue of the decedent, the entire intestate estate passes to the surviving spouse or surviving domestic partner.
Under Wis. Stat. § 852.01(1)(a)1, when every surviving descendant of the decedent is also a descendant of the surviving spouse or domestic partner, the entire intestate estate passes to the spouse or domestic partner.
Under Wis. Stat. § 852.01(1)(a)2, when the decedent leaves surviving issue one or more of whom are not issue of the surviving spouse, the spouse or domestic partner receives one-half of the decedent's property OTHER than the decedent's interest in marital property and the decedent's interest in property held equally and exclusively with the surviving spouse as tenants in common. The remainder passes to the decedent's issue per stirpes under § 852.01(1)(b).
View order of inheritance (no spouse)
- 1Issue (children and their descendants)The share not passing to a surviving spouse or domestic partner, or all if none; per stirpes
- 2ParentsIf there is no surviving spouse, domestic partner, or issue, the estate passes to the parents
- 3Brothers and sisters and the issue of any deceased brother or sisterIf there is no surviving spouse, domestic partner, issue, or parent, the estate passes to the decedent's brothers and sisters and the issue of any deceased brother or sister per stirpes
- 4Grandparents and their issue (and more remote kindred)If there is no spouse, domestic partner, issue, parent, or sibling line, the estate is divided into a maternal and a paternal half passing to grandparents and their issue; if there are survivors on only one side, that side takes the entire estate
Wisconsin Homestead Protection
Wisconsin homestead protection is a statutory creditor exemption, not an unlimited constitutional homestead system. Under Wis. Stat. § 815.20 an owner's homestead (the dwelling and so much of the land surrounding it as is reasonably necessary for use, up to 40 acres outside a city/village or up to one-fourth acre within) is exempt from execution and from the lien of judgments to the amount of $75,000. Each spouse may claim a separate $75,000 homestead exemption in jointly owned property. Wisconsin does not require recording a homestead declaration to claim the exemption.
Size limits & qualifications
Inside city limits: Up to one-fourth acre, plus a $75,000 value cap
Outside city limits: Up to 40 acres, plus a $75,000 value cap
Property types: Dwelling used as a home, Surrounding land within the statutory size limits (one-fourth acre in a municipality; up to 40 acres outside), Proceeds of a homestead sale (protected up to 2 years if reinvestment is intended)
Restrictions on leaving homestead in will
With spouse, no minor children:
No state-level homestead devise restriction modeled here; review marital property rights (ch. 766), the deferred marital property elective share (§§ 861.02-861.11), the probate homestead right (§ 861.21), and creditor issues separately.
With minor children:
No state-level homestead devise restriction modeled here; family rights may arise through the family allowance and the surviving spouse's probate homestead and selection rights rather than a devise restriction.
Exempt Property
Wisconsin provides estate protections for a surviving spouse, surviving domestic partner, and minor children (a discretionary family allowance during administration, a right to select basic personalty, and a probate homestead right) and separate creditor exemptions for debtor property under Wis. Stat. §§ 815.18 and 815.20. These protections are limited and source-specific.
View exempt items
Family Allowance
A reasonable amount set by the court — NO fixed statutory dollar cap - On petition, the court may order payment of an allowance the court determines necessary or appropriate for the support of the surviving spouse or surviving domestic partner and any minor children during administration. The court considers the size of the probate estate, other available resources, the existing standard of living, and any other relevant factors (§ 861.31(1m)).