Overview
Buffalo County is located in Wisconsin with a population of approximately 13,317. The Buffalo County Register in Probate 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 a Petition for 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 statutes set the filing fee for formal probate at 0.2% of the value of the property subject to administration (if over $10,000), or a flat fee of $20 if the value is $10,000 or less.
This guide provides an informational overview of the Buffalo 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
Buffalo County Courthouse
Probate matters in Buffalo County are handled at the Buffalo County Courthouse.
Address: 407 S. 2nd St., Alma, WI 54610
Phone: 608-685-6202 (Register in Probate)
Hours: Contact the court to verify current office hours
The Register in Probate office is located within the courthouse. It is responsible for maintaining records of estates, guardianships, and adoptions.
Parking and Access
Street parking is available around the courthouse. There is a 2-hour limit in the horseshoe lot and 30-minute parking on the east side. West lots are typically permit-only. Handicapped parking is available on the street and in the north lot.
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 use the Transfer by Affidavit (Form PR-1831) to collect assets without court administration.
- Survivorship: Property held in joint tenancy or survivorship marital property passes directly to the surviving owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Administration (Form PR-1801) with the Buffalo County Register in Probate. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Order for Hearing and Notice (Form PR-1803)
- Filing fee (0.2% of estate value)
- Any additional required documents (e.g., Waiver and Consent forms)
E-filing is mandatory for attorneys and optional for self-represented litigants in most Wisconsin counties.
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 Buffalo County (such as the Buffalo County News) for three successive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge or court commissioner reviews the petition 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 and set a deadline for claims (typically 3-4 months)
- Inventory and appraise all estate assets within 6 months
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and Estate Receipt (Form PR-1817) to close the estate
Local Requirements
Buffalo County-Specific Procedures
- E-filing: Wisconsin circuit courts generally require attorneys to e-file documents. Self-represented litigants may opt in to e-filing.
- Bond requirements: A surety bond may be required unless the will waives it or all interested parties agree to waive it.
- Publication: Notice must be published in a newspaper of general circulation in Buffalo County, such as the Buffalo County News, for three successive weeks.
Always check with the Register in Probate for the most current local rules and checklist requirements.
Timeline & Fees
Filing Fees (Buffalo County)
- Petition for Administration: 0.2% of the value of the property subject to administration (minimum $20)
- Transfer by Affidavit: No court filing fee (form is presented to asset holder), but recording with Register of Deeds costs $30 if real estate is involved
- Certified copies of Letters: $3.00 per document + $1.00 per page
- Publication costs: approximately $100-$300 depending on the newspaper
- Objection to Probate: $20.00
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (Transfer by Affidavit): 1-2 months
- Average formal probate: 6-12 months
- Complex or contested estates: 12 months to 2 years
Creditor claim periods (3-4 months) and tax processing times significantly influence the timeline.
Local Resources
Buffalo County Court Resources
- Court Website: buffalocountywi.gov
- Probate Self-Help: Wisconsin Court System Self-Help
- Wisconsin Probate Forms: wicourts.gov Forms
Legal Aid and Attorney Referrals
- State Bar of Wisconsin Lawyer Referral: wisbar.org
- Judicare Legal Aid: 800-472-1638 — Civil legal services for low-income residents
Publication
- Buffalo County News: 608-685-3331 — Official newspaper for legal notices