Overview
Burnett County is located in Wisconsin with a population of approximately 16,526. The Burnett 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 often begins with filing an Application for Informal Administration (Form PR-1801) to admit the will and appoint a personal representative. The court then issues Domiciliary Letters for testate estates or Letters of Administration for intestate estates.
Transfer by Affidavit ($50,000 or less): Wisconsin offers a simplified procedure for small estates. If the decedent's solely owned assets do not exceed $50,000, an heir or trustee may file a Transfer by Affidavit (Form PR-1831) to collect assets without full probate administration.
Filing Fees: Wisconsin has a uniform probate filing fee based on the value of the estate's inventory (0.2% for estates over $10,000).
This guide provides an informational overview of the Burnett 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
Burnett County Circuit Court
Probate matters in Burnett County are handled by the Register in Probate at the Burnett County Government Center.
Address: 7410 County Road K, #115, Siren, WI 54872
Phone: (715) 349-2147 (Register in Probate)
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The Register in Probate office is located within the Government Center. Security screening may be required upon entry.
Parking and Access
Free parking is available in the Government Center parking lot. The facility is ADA accessible.
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 claim assets without court supervision.
- Survivorship/Beneficiary Designations: Assets with named beneficiaries (POD/TOD) or held in joint tenancy pass outside of probate.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application/Petition
If probate is needed, file an Application for Informal Administration (Form PR-1801) or Petition for Formal Administration (Form PR-1901) with the Burnett County Circuit Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Order for Informal Administration (Form PR-1809)
- Consent to Serve (Form PR-1807)
- Filing fee (based on estate value)
E-Filing: Electronic filing is mandatory for most probate cases in Wisconsin via the Wisconsin Circuit Court eFiling system.
Step 3: Provide Notice
After filing, you must:
- Mail notice to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Burnett County (such as the Burnett County Sentinel) for three successive weeks, unless waived by all interested parties in an informal administration.
Step 4: Administration
Once the court or Probate Registrar grants the application, they will issue Domiciliary Letters. The personal representative must then:
- Notify creditors and resolve claims (deadline is typically 3-4 months from the order).
- Inventory and appraise all estate assets and file the Inventory (Form PR-1811) along with the inventory filing fee (0.2% of value).
- Pay valid debts and taxes.
- Distribute assets to beneficiaries.
- File a Statement of Personal Representative to Close Estate (Form PR-1816) to conclude the matter.
Local Requirements
Burnett County-Specific Procedures
- E-filing: Mandatory for attorneys and high-volume filers; pro se litigants may also opt into the e-filing system.
- Local Rules: Burnett County follows the standard Wisconsin probate forms and procedures. Always check with the Register in Probate for any specific judge's preferences.
- Publication: Notice to Creditors is typically published in the Burnett County Sentinel.
- Inventory Fee: The 0.2% inventory fee must be paid before the estate can be closed.
Timeline & Fees
Filing Fees (Burnett County)
- Inventory Filing Fee: 0.2% of the value of the property (e.g., $200 for a $100,000 estate). If value is $10,000 or less, the fee is $20.
- Certified Copies: $3.00 for the certificate + $1.00 per page.
- Claims Filing Fee: $3.00 per claim.
- Publication costs: Approximately $100-$200 depending on the newspaper and length of notice.
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted via the e-filing system or third-party processors (fees apply).
Estimated Timelines
- Informal Administration: 6-12 months.
- Formal Administration: 9-18 months.
- Deadline: Wisconsin statutes generally expect estates to be closed within 12-18 months. Extensions must be requested if the estate remains open longer.
Local Resources
Burnett County Court Resources
- Court Website: Burnett County Register in Probate
- Probate Self-Help: Wisconsin Court System - Probate
- 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 — Serving Northern Wisconsin
Publication
- Burnett County Sentinel: (715) 463-2341 — burnettcountysentinel.com