Overview
Adams County is located in Wisconsin with a population of approximately 21,352. The Adams County Circuit Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Wisconsin probate is governed by Wisconsin Statutes Chapters 851-882. The process begins with filing an Application for Informal Administration (Form PR-1801) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Wisconsin offers a simplified procedure known as Transfer by Affidavit for estates valued at $50,000 or less. This allows heirs to transfer assets without full court supervision.
Wisconsin does not have a statutory fee schedule for attorneys or personal representatives; fees must be "just and reasonable." The court charges a probate inventory fee of 0.2% of the net value of the property subject to administration.
This guide provides an informational overview of the Adams County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Adams County Circuit Court
Probate matters in Adams County are handled by the Register in Probate.
Address: 401 Adams St, Suite 14, Friendship, WI 53934
Phone: (608) 339-4213 (Register in Probate)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Register in Probate office is located within the Adams County Courthouse. It is responsible for maintaining records of estates, guardianships, and trusts.
Parking and Access
Public parking is generally available in the lot adjacent to the courthouse and on surrounding streets. Visitors pass through security screening upon entering the building.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Transfer by Affidavit: If the estate is valued at $50,000 or less, you may be able to transfer assets using Form PR-1831 without opening a court case.
- Summary Settlement/Assignment: Available for certain estates where the value does not exceed $50,000 or where the estate is insufficient to pay debts.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application
If formal probate is needed, file an Application for Informal Administration (Form PR-1801) with the Adams County Circuit Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Order Setting Time to Hear Petition and Notice to Creditors
- Filing fee (typically based on estate value)
- Consent to Serve (Form PR-1806)
E-filing is mandatory for attorneys and available for self-represented litigants in Wisconsin circuit courts.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 20 days before the hearing
- Publish notice in a newspaper of general circulation in Adams County for three successive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the application. At the hearing, the judge or court commissioner reviews the application and, if approved, issues Letters Testamentary or Letters of Administration (Form PR-1810 or PR-1811).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims must be filed within 3-4 months)
- Inventory and appraise all estate assets within 6 months
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a final accounting and Estate Receipt (Form PR-1817) to close the estate
Local Requirements
Adams County-Specific Procedures
- E-filing: Wisconsin courts utilize a mandatory e-filing system for attorneys. Self-represented parties may opt-in to e-file.
- Forms Packets: The Register in Probate offers pre-printed forms packets for a fee (approximately $10.00).
- Transfer by Affidavit Fee: Adams County charges a $3.00 filing fee for Transfer by Affidavit.
- Publication: Notice must be published in a newspaper of general circulation in Adams County, such as the Adams-Friendship Times-Reporter, for three consecutive weeks.
Always check with the Register in Probate for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Adams County)
- Inventory Fee (Probate Fee): 0.2% of the net value of property subject to administration (minimum $20 for estates ≤ $10,000)
- Transfer by Affidavit: $3.00 filing fee (plus recording fees if real estate is involved)
- Certified copies of Letters: $3.00 for certification + $1.00 per page
- Publication costs: approximately $150-$300 depending on the newspaper and length of notice
- Forms Packet: $10.00
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (informal administration): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2 years
Creditors typically have 3 to 4 months to file claims after notice is published.
Local Resources
Adams County Court Resources
- Court Website: co.adams.wi.us
- Probate Self-Help: wicourts.gov
- Wisconsin Probate Forms: wicourts.gov
Legal Aid and Attorney Referrals
- State Bar of Wisconsin: (800) 362-9082 — Lawyer Referral and Information Service
- Legal Action of Wisconsin: (855) 947-2529 — Legal aid for low-income residents
- Wisconsin State Bar: wisbar.org
Publication
- Adams-Friendship Times-Reporter: (608) 339-7844 — Official county newspaper