Overview
Florence County is located in Wisconsin with a population of approximately 4,673. The Florence 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 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 estates valued at $50,000 or less, Wisconsin offers a Transfer by Affidavit process (Form PR-1831) that avoids full probate.
Wisconsin does not have a statutory percentage fee for attorneys or personal representatives; fees must be reasonable based on the services performed.
This guide provides an informational overview of the Florence 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
Florence County Circuit Court
Probate matters in Florence County are handled at the Florence County Courthouse.
Address: 501 Lake Avenue, Florence, WI 54121
Mailing Address: P.O. Box 410, Florence, WI 54121
Phone: (715) 528-3205 (Register in Probate)
Hours: Monday through Friday, 8:30 AM to 4:00 PM
The Register in Probate is located in the courthouse and handles the administration of estates. Jessica McCoy serves as Clerk of Circuit Court.
Parking and Access
Free parking is generally available in the lot adjacent to the courthouse or on surrounding streets.
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 transfer assets without full court supervision.
- Summary Settlement: Available for estates where the value does not exceed $50,000, or where the estate value does not exceed costs, expenses, and priority claims.
- 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 Florence County Circuit Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Order for Hearing
- Filing fee (0.2% of estate value for estates over $10,000)
- Consent to Serve (Form PR-1806)
E-filing is mandatory for attorneys and optional for self-represented litigants in Wisconsin circuit courts.
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 Florence 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:
- Set a deadline for creditor claims (usually 3-4 months from the order date) and publish notice
- 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
Florence County-Specific Procedures
- E-Filing: Wisconsin uses a mandatory e-filing system for attorneys; pro se litigants may opt in.
- Filing Fees: Fees are calculated based on the value of the estate (0.2% for estates over $10,000).
- Forms: Use standard Wisconsin Circuit Court forms.
- Publication: Notice must be published in a newspaper of general circulation in Florence County for three consecutive weeks.
Check with the Register in Probate for specific local checklists or preferences.
Timeline & Fees
Filing Fees (Florence County)
- Petition for Administration: 0.2% of estate value (min $20)
- Objection to Probate: approximately $20
- Certified copies of Letters: approximately $3 certification + $1/page
- Publication costs: approximately $100-$200 depending on the newspaper
- Copies: $1.25 per page
Wisconsin does not set statutory percentage fees for attorneys or personal representatives.
Payment Methods
The court accepts cash, check, money order, or credit/debit card (with fee). A convenience fee applies to card payments.
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 periods and tax clearance can extend timelines.
Local Resources
Florence County Court Resources
- Court Website: Florence County Circuit Court
- Probate Self-Help: Wisconsin Probate Self-Help
- Wisconsin Probate Forms: Wisconsin Circuit Court 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 — Free legal help for low-income residents.
- State Bar Lawyer Referral: State Bar of Wisconsin LRIS
Publication
- Florence Mining News: (715) 528-3276 — Official county newspaper for legal notices.