Overview
Columbia County is located in Wisconsin with a population of approximately 58,490. The Columbia 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 Transfer by Affidavit for estates valued at $50,000 or less (Form PR-1831). This allows heirs to collect assets without full probate. There is also Summary Settlement (for estates where the value does not exceed debts/expenses or surviving spouse/minor children situations) and Summary Assignment.
Wisconsin does not have a statutory percentage fee for attorneys or personal representatives; fees must be "just and reasonable."
This guide provides an informational overview of the Columbia 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
Columbia County Register in Probate
Probate matters in Columbia County are handled at the Columbia County Courthouse.
Address: 400 DeWitt Street, Portage, WI 53901
Phone: (608) 742-9636 (Register in Probate)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Register in Probate office is located within the Columbia County Courthouse. It handles the administration of estates, guardianships, and mental commitments.
Parking and Access
There is a public parking lot located on DeWitt Street directly across from the courthouse. Street parking may also be available nearby.
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 supervision.
- Summary Settlement: Available if the estate value does not exceed the debts, expenses, and allowances, or if the estate is going to a surviving spouse or minor children.
- 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 Columbia County Register in Probate. Include:
- Original Last Will and Testament (if applicable)
- Certified Death Certificate
- Order for Hearing and Notice (Form PR-1803)
- Filing fee (0.2% of estate value for estates over $10,000)
- Consent to Serve (Form PR-1806) and Statement of Informal Administration (Form PR-1808) if proceeding informally.
Wisconsin Circuit Courts generally require e-filing for attorneys; pro se litigants may file in paper or opt into e-filing.
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 (or as required by statute for the specific procedure).
- Publish notice in a newspaper of general circulation in Columbia County for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 3 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and set a deadline for creditor claims (typically 3 to 4 months from the date of the court order).
- Inventory and appraise all estate assets within 6 months.
- Pay valid creditor claims.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a final accounting and petition for discharge.
Local Requirements
Columbia County-Specific Procedures
- E-Filing: Attorneys are required to e-file. Self-represented litigants may choose to e-file or file paper documents.
- Filing Fees: Fees are calculated based on the gross value of the estate assets (0.2% for estates over $10,000).
- Certified Copies: Requests for certified copies must be accompanied by the fee of $3.00 per document plus $1.00 per page.
- Publication: Notice must be published in a newspaper of general circulation in Columbia County for three consecutive weeks.
The Columbia County Register in Probate requires the original Will to be filed even if no probate is opened.
Timeline & Fees
Filing Fees (Columbia County)
- Petition for Administration: 0.2% of estate value (min $20)
- Objection to Probate: $20.00
- Certified copies of Letters: approximately $4.00 (base fee + 1 page)
- Publication costs: approximately $150-$300 depending on the newspaper
- Claims against estate: $3.00
Wisconsin does not have a statutory fee schedule for attorneys or personal representatives.
Payment Methods
The court accepts cash, checks, or money orders. Credit cards may be accepted with a convenience fee (typically ~3% for cards).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2 years
Creditor claim period is 3-4 months. Tax clearance can delay closing.
Local Resources
Columbia County Court Resources
- Columbia County Register in Probate: co.columbia.wi.us/columbiacounty/regprobate
- Probate Self-Help: Columbia County Register in Probate
- Wisconsin Probate Forms: Wisconsin Court System Forms
Legal Aid and Attorney Referrals
- State Bar of Wisconsin: (800) 362-9082 — Lawyer Referral and Information Service
- Legal Action of Wisconsin: (855) 947-2529 — Civil legal aid for low-income residents
- State Bar Lawyer Referral: wisbar.org
Publication
- Portage Daily Register: (608) 745-3500 — Official county newspaper for legal notices
- Wisconsin Public Notices: N/A — Online repository (wisconsinpublicnotices.org)