Overview
Eau Claire County is located in Wisconsin with a population of approximately 108,830. The 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.
For smaller estates, Wisconsin offers a simplified procedure known as Transfer by Affidavit for estates valued at $50,000 or less. This allows heirs to collect assets without full court administration.
Wisconsin charges a probate filing fee based on the value of the estate (typically 0.2% of the net value of property subject to administration).
This guide provides an informational overview of the Eau Claire 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
Register in Probate
Probate matters in Eau Claire County are handled at the Eau Claire County Government Center.
Address: 721 Oxford Ave, Suite 2201, Eau Claire, WI 54703
Phone: (715) 839-4823 (Register in Probate)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Register in Probate office is located on the second floor of the government center. This office assists with the filing of probate documents, guardianships, and mental health commitments.
Parking and Access
Public parking is available in designated lots near the government center and on surrounding streets (typically 2-hour limits). Visitors must pass through security screening located on the second floor before entering the court area.
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 the Transfer by Affidavit (Form PR-1831) without opening a court case.
- Survivorship: Assets held in joint tenancy or with a beneficiary designation (POD/TOD) pass directly to the survivor.
- 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 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)
- Waiver and Consent forms from heirs (if applicable to speed up the process)
Wisconsin offers mandatory e-filing for attorneys and optional e-filing for self-represented parties via the court's website.
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 Eau Claire County (typically the Leader-Telegram) for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the court reviews the petition and, if approved, issues Letters Testamentary (for wills) or Letters of Administration (no will).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish a deadline for creditor claims (typically 3-4 months from the date of the order).
- Inventory and appraise all estate assets and file the Inventory (Form PR-1811) within 6 months.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Estate Receipt and Statement of Personal Representative to Close Estate to conclude the matter.
Local Requirements
Eau Claire County-Specific Procedures
- E-filing: Wisconsin Circuit Courts utilize a mandatory e-filing system for attorneys. Self-represented litigants may opt-in to e-file.
- Inventory Fee: A filing fee of 0.2% of the inventory value is required.
- Publication: Notice is typically published in the Leader-Telegram.
- Security: Be prepared for security screening upon entering the government center; cell phones may be restricted in courtrooms.
Always check with the Register in Probate for the most current local rules and checklist requirements.
Timeline & Fees
Filing Fees (Eau Claire County)
- Petition for Administration: 0.2% of the value of property subject to administration (minimum $20 for estates under $10,000).
- Inventory Fee: 0.2% of the value of the property.
- Certified copies of Letters: $3.00 for certification + $1.00 per page.
- Publication costs: Approximately $150-$300 depending on the length of the notice.
- Transfer by Affidavit: No court filing fee if not filed with the court; recording fees apply if recorded with the Register of Deeds.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees apply for cards).
Estimated Timelines
- Simple estates (Informal Administration): 6-12 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2 years
Creditor claim periods (3-4 months) and tax processing times significantly impact the timeline.
Local Resources
Eau Claire County Court Resources
- Court Website: Eau Claire County Register in Probate
- Probate Self-Help: Wisconsin Court System - Probate
- Wisconsin Probate Forms: Wisconsin Circuit Court Forms
Legal Aid and Attorney Referrals
- Eau Claire County Bar Association: Local attorney listings.
- Judicare Legal Aid: (800) 472-1638 — Legal assistance for low-income residents.
- State Bar of Wisconsin Lawyer Referral: wisbar.org
Publication
- Leader-Telegram: (715) 833-9200 — leadertelegram.com