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Wisconsin Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in Wisconsin.

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Do I Need Probate?Free assessment toolEstate ChecklistStep-by-step tasksFee CalculatorEstimate your costsGlossaryLegal terms explainedFirst StepsWhat to do firstEstate PlanningPlan your own will & POA

Types of Probate in Wisconsin

Wisconsin offers several probate procedures depending on estate value and circumstances. Attorney requirements vary by probate type and local practice.

See the full comparison of Wisconsin probate typesWhich procedures exist, who qualifies, and how the timelines compare.
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Find your county

Wisconsin Probate Filing Offices by County

Choose your county to get its probate court contacts, filing fees, and required forms. 72 counties have detailed data.

Full data available: AdamsFull data available: AshlandFull data available: BarronFull data available: BayfieldFull data available: BrownFull data available: BuffaloFull data available: BurnettFull data available: CalumetFull data available: ChippewaFull data available: ClarkFull data available: ColumbiaFull data available: Crawford
Show all 72 counties
Full data available: DaneFull data available: DodgeFull data available: DoorFull data available: DouglasFull data available: DunnFull data available: Eau ClaireFull data available: FlorenceFull data available: Fond du LacFull data available: ForestFull data available: GrantFull data available: GreenFull data available: Green LakeFull data available: IowaFull data available: IronFull data available: JacksonFull data available: JeffersonFull data available: JuneauFull data available: KenoshaFull data available: KewauneeFull data available: La CrosseFull data available: LafayetteFull data available: LangladeFull data available: LincolnFull data available: ManitowocFull data available: MarathonFull data available: MarinetteFull data available: MarquetteFull data available: MenomineeFull data available: MilwaukeeFull data available: MonroeFull data available: OcontoFull data available: OneidaFull data available: OutagamieFull data available: OzaukeeFull data available: PepinFull data available: PierceFull data available: PolkFull data available: PortageFull data available: PriceFull data available: RacineFull data available: RichlandFull data available: RockFull data available: RuskFull data available: SaukFull data available: SawyerFull data available: ShawanoFull data available: SheboyganFull data available: St. CroixFull data available: TaylorFull data available: TrempealeauFull data available: VernonFull data available: VilasFull data available: WalworthFull data available: WashburnFull data available: WashingtonFull data available: WaukeshaFull data available: WaupacaFull data available: WausharaFull data available: WinnebagoFull data available: Wood

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Wisconsin Probate Guides

View all guides
Wisconsin Probate Guide
WIJun 13, 2026

Wisconsin Probate Guide

How to Avoid Probate in Wisconsin
WIJun 13, 2026

How to Avoid Probate in Wisconsin

Wisconsin Probate Timeline
WIJun 13, 2026

Wisconsin Probate Timeline

Wisconsin Executor Duties
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Wisconsin Executor Duties

Ancillary Probate in Wisconsin: Out-of-State Property
WIJul 1, 2026

Ancillary Probate in Wisconsin: Out-of-State Property

Can You Handle Wisconsin Probate Without a Lawyer?
WIJul 1, 2026

Can You Handle Wisconsin Probate Without a Lawyer?

Browse Wisconsin guide topics

Jump to court, executor, tax, planning, property, and probate-avoidance guides that match your next task.

Probate Basics

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Forms & Court

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Executor Duties

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Taxes & Deadlines

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Planning Documents

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Property Transfer

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Avoiding Probate

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Full guide library

Wisconsin Probate Self-Help and Online Resources

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.

No
State Estate Tax
No
Inheritance Tax
Yes
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
No surviving issue (descendants) of the decedentEntire net estate

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.

All of the decedent's surviving issue are also issue of the surviving spouse or surviving domestic partnerEntire net estate

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.

The decedent is survived by one or more issue who are NOT also issue of the surviving spouse or surviving domestic partner (for example, children from a prior relationship)One-half of decedent's property other than marital and certain jointly held property

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)
  1. 1Issue (children and their descendants)The share not passing to a surviving spouse or domestic partner, or all if none; per stirpes
  2. 2ParentsIf there is no surviving spouse, domestic partner, or issue, the estate passes to the parents
  3. 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
  4. 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.

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Creditor protection: read the statute text

$75,000 of homestead value per owner ($75,000 per spouse in jointly owned property)

Statute: Wis. Stat. § 815.20

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
Surviving Spouse / Domestic Partner Selection of Personalty (estate)
Under Wis. Stat. § 861.33 the surviving spouse or surviving domestic partner may select and receive the decedent's wearing apparel and jewelry, household furniture, furnishings and appliances, and other tangible personalty not used in a trade or business up to $3,000 in inventory value. If creditor claims may not be fully paid, the court may limit the transfer to items not exceeding $5,000 in aggregate inventory value (§ 861.33(2)). If there is no surviving spouse or domestic partner, the decedent's minor children may make the selection.
Wearing apparel and jewelry without dollar limit, plus other tangible personalty up to $3,000 in inventory value (court may limit to $5,000 aggregate where claims may not be paid)
Probate Homestead Right (estate)
Under Wis. Stat. § 861.21 the surviving spouse may petition to have the decedent's home (or its equivalent value) assigned to the spouse, subject to liens. See homestead-law.json.
The home, or its equivalent in value, assigned to the surviving spouse
Homestead Exemption (creditor)
An owner's homestead is exempt from execution and judgment liens up to $75,000 under Wis. Stat. § 815.20. See homestead-law.json.
$75,000 per owner
Consumer Goods / Household Property (creditor)
Wis. Stat. § 815.18(3)(d) exempts household goods and furnishings, wearing apparel, keepsakes, jewelry, appliances, books, musical instruments, firearms, sporting goods, animals, and similar personal-use property up to $12,000 in aggregate value.
$12,000 in aggregate value
Motor Vehicle (creditor)
Wis. Stat. § 815.18(3)(g) exempts motor vehicles up to $4,000 in aggregate value; unused amount of the $12,000 consumer-goods exemption may be applied to a motor vehicle.
$4,000 in aggregate value (plus any unused consumer-goods exemption)
Business / Farm Property — Tools of Trade (creditor)
Wis. Stat. § 815.18(3)(b) exempts equipment, inventory, farm products, and professional books used in the debtor's business, or a closely held business interest, up to $15,000 in aggregate value.
$15,000 in aggregate value
Life Insurance and Annuities (creditor)
Wis. Stat. § 815.18(3)(f) exempts unmatured life insurance and annuity contracts and up to $150,000 of accrued dividends, interest, or loan value, subject to conditions.
$150,000 in aggregate value (accrued dividends, interest, or loan value)
Retirement Plans (creditor)
Wis. Stat. § 815.18(3)(j) exempts qualifying retirement benefits and accounts when statutory requirements are met; related federal law may also apply.
Generally exempt under stated conditions

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)).

Wisconsin Probate Questions

How much does probate cost in Wisconsin?
Wisconsin probate filing fees vary by county and type of administration. Typical costs include the court filing fee plus certified copy fees, publication notice fees where notice is required, and potential bond premiums. Use our free Wisconsin fee calculator for county-specific estimates.
How long does probate take in Wisconsin?
The timeline varies by type: Formal Probate typically takes 6-12+ months, while Simplified Probate and Small Estate Procedures are usually much faster, depending on the county and the estate.
Do I need an attorney for probate in Wisconsin?
Attorney requirements vary by probate type and local practice. Attorney review is recommended for formal administration and whenever you are unsure which procedure applies.
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.