Overview
Fond du Lac County is located in Wisconsin with a population of approximately 104,370. The Fond du Lac 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 Chapter 851-882 of the Wisconsin Statutes. 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 Domiciliary Letters for testate estates or Letters of Administration for intestate estates.
Transfer by Affidavit is available for estates valued at $50,000 or less. This simplified procedure allows heirs to collect assets without full court supervision.
Wisconsin does not have a statutory percentage fee for attorneys; fees must be "just and reasonable." However, the court charges a probate filing fee based on the value of the estate (0.2% of assets over $10,000).
This guide provides an informational overview of the Fond du Lac 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
Fond du Lac County Register in Probate
Probate matters in Fond du Lac County are handled at the City-County Government Center.
Address: 160 South Macy Street, Fond du Lac, WI 54935
Phone: (920) 906-4743 (Register in Probate)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Register in Probate office is located on the 2nd floor of the City-County Government Center. This office assists with the filing of probate documents and maintains estate records.
Parking and Access
Public parking is available in the lot adjacent to the Government Center. The building is accessible, with security screening required at the entrance.
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 (Form PR-1831) without opening a court case.
- Survivorship: Assets held in joint tenancy or survivorship marital property pass directly to the surviving owner.
- 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 Fond du Lac County Register in Probate. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Order for Hearing and Notice (Form PR-1803)
- Filing fee (typically paid upon filing the inventory, but check local practice for initial deposits)
- Waiver and Consent forms from interested parties (if possible)
E-filing is mandatory for attorneys and available 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 Fond du Lac County (e.g., The Reporter) for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge or court commissioner reviews the petition and, if approved, issues Domiciliary Letters.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish a deadline for creditor claims (typically 3-4 months).
- Inventory and appraise all estate assets and file the Inventory (Form PR-1811) along with the filing fee (0.2% of estate value).
- 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 (Form PR-1816).
Local Requirements
Fond du Lac County-Specific Procedures
- E-filing: Wisconsin courts utilize a mandatory e-filing system for attorneys. Self-represented litigants may opt-in to e-file.
- Inventory Fee: The filing fee of 0.2% is calculated on the gross value of the estate assets listed in the inventory.
- Publication: Notice is typically published in The Reporter or another approved county newspaper.
- Local Forms: While standard Wisconsin state forms are used, check with the Register in Probate for any specific local checklists or cover sheets.
Timeline & Fees
Filing Fees (Fond du Lac County)
- Inventory Filing Fee: 0.2% of the value of property subject to administration (if > $10,000).
- Example: An estate worth $200,000 would have a fee of $400.
- Small Estates ($10,000 or less): $20.00 flat fee.
- Certified copies of Letters: $3.00 for certification + $1.00 per page.
- Publication costs: approximately $150-$300 depending on the newspaper.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees apply for cards).
Estimated Timelines
- Simple estates (Informal): 6-12 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
Wisconsin law generally expects estates to be closed within 12 months, though extensions can be requested.
Local Resources
Fond du Lac County Court Resources
- Court Website: fdlco.wi.gov
- Probate Self-Help: Wisconsin Court System Self-Help
- Wisconsin Probate Forms: wicourts.gov
Legal Aid and Attorney Referrals
- State Bar of Wisconsin Lawyer Referral: wisbar.org
- Legal Action of Wisconsin: (855) 947-2529 — legalaction.org
Publication
- The Reporter: (888) 774-7744 — fdlreporter.com
- Ripon Commonwealth Press: (920) 748-3017