Overview
Dane County is located in Wisconsin with a population of approximately 588,000. The Dane County Circuit Court - Probate Division 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 851-879. 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, allowing heirs to collect assets without full probate. There is also a Summary Settlement procedure for small estates where the estate value does not exceed costs, expenses, and priority claims.
Wisconsin does not have a mandatory statutory attorney fee schedule; fees must be "just and reasonable." The personal representative is entitled to 2% of the estate's net value unless otherwise agreed.
This guide provides an informational overview of the Dane 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
Dane County Circuit Court - Probate Division
Probate matters in Dane County are handled at the Dane County Courthouse.
Address: 215 S Hamilton St, Room 1005, Madison, WI 53703
Phone: (608) 266-4331 (Probate Records)
Hours: Monday through Friday, 7:45 AM to 4:30 PM
The Probate office is located in Room 1005 on the 10th floor of the courthouse.
Parking and Access
Public parking is available at the Dane County Parking Ramp on W. Doty St. and other nearby municipal ramps. Security screening is required upon entry.
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, heirs may use this affidavit to collect assets.
- Summary Settlement: For estates where the value does not exceed the debts, expenses, and allowances.
- 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 Dane County Circuit Court - Probate Division. Include:
- Original Last Will and Testament (if any)
- Petition for Administration (Form PR-1801)
- Certified Death Certificate
- Filing fee (0.2% of the estate's net value, min $20)
- Order for Hearing and Notice to Creditors
E-filing is mandatory for attorneys and optional for self-represented litigants in Dane County.
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 Dane 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:
- Publish notice to creditors, setting a deadline for claims (usually 3-4 months from the date of the 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
Dane County-Specific Procedures
- E-Filing: Mandatory for attorneys; pro se litigants may opt in.
- Checklist: Dane County provides specific checklists for Informal and Formal Administration that must be followed.
- Guardian ad Litem: May be appointed if there are minor or incompetent heirs.
- Publication: Notice must be published in a newspaper of general circulation in Dane County for three consecutive weeks.
The court requires the use of standard Wisconsin state forms (PR series).
Timeline & Fees
Filing Fees (Dane County)
- Petition for Administration: 0.2% of estate value (net of liens); minimum $20
- Objection to Probate: $20
- Certified copies of Letters: $3 certification fee + $1 per page
- Publication costs: approximately $100-$250 depending on the newspaper
- Copies: $1.25 per page
Executor fee is 2% of inventory value. Attorney fees are "reasonable" based on time and complexity.
Payment Methods
The court accepts cash, check, money order, or credit card (with service fee).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2 years+
Creditor claim periods (3-4 months) and tax processing times often dictate the schedule.
Local Resources
Dane County Court Resources
- Court Website: courts.danecounty.gov
- Probate Self-Help: Dane County Probate Forms & Guides
- 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 — Low-income legal aid
- State Bar Lawyer Referral: wisbar.org
Publication
- Wisconsin State Journal: (608) 252-6200 — Primary newspaper for legal notices
- The Capital Times: (608) 252-6400 — Alternative publication option