Overview
Grant County is located in Wisconsin with a population of approximately 52,000. The Grant County Probate 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 smaller estates, Wisconsin offers a Transfer by Affidavit procedure. If the decedent's solely owned assets do not exceed $50,000, heirs may be able to transfer property without full probate court supervision.
Wisconsin does not have a statutory fee schedule for attorneys or personal representatives based on a percentage of the estate; fees must be "just and reasonable."
This guide provides an informational overview of the Grant 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
Grant County Probate Court
Probate matters in Grant County are handled at the Grant County Courthouse.
Address: 130 W. Maple Street, Lancaster, WI 53813
Phone: (608) 723-2697 (Register in Probate)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Register in Probate office is located within the courthouse and handles the filing and processing of all estate documents.
Parking and Access
Free parking is available in the public lot behind the courthouse on Washington Street. Metered street parking is also available on West Maple Street and surrounding blocks.
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 Form PR-1831 to transfer assets without court supervision.
- Survivorship/Beneficiary Designations: Assets with named beneficiaries (POD/TOD accounts, life insurance) or held in joint tenancy bypass probate.
- 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 Grant County Probate Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Order Setting Time to Hear Petition (Form PR-1803) or Waiver and Consent (Form PR-1806)
- Filing fee (0.2% of estate value for estates over $10,000)
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 (if notice is not waived).
- Publish notice in a newspaper of general circulation in Grant County (such as the Grant County Herald Independent) for three successive weeks if required by the court.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge or probate registrar reviews the petition and, if approved, issues Domiciliary Letters (Form PR-1810) appointing the personal representative.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and set a deadline for claims (typically 3-4 months)
- Inventory and appraise all estate assets 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
Local Requirements
Grant County-Specific Procedures
- E-filing: Wisconsin utilizes a mandatory e-filing system for attorneys. Self-represented parties may opt-in to e-file or file paper documents.
- Bond requirements: A surety bond may be required unless the will waives it or all interested parties consent to waive it.
- Publication: Notice is typically published in the Grant County Herald Independent or another approved local newspaper for three consecutive weeks.
Always check with the Register in Probate for the most current local rules and checklist requirements.
Timeline & Fees
Filing Fees (Grant County)
- Petition for Administration: 0.2% of the value of property subject to administration (minimum $20 for estates under $10,000).
- Transfer by Affidavit: No court filing fee (form is presented to asset holders), though recording fees may apply for real estate.
- Certified copies: $3.00 certification fee + $1.00 per page.
- Publication costs: approximately $100-$300 depending on the newspaper.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees may apply for cards).
Estimated Timelines
- Simple estates (Informal Administration): 6-12 months
- Average estates: 9-15 months
- Complex or contested estates: 12 months to 2 years
Factors affecting the timeline include the creditor claim period (3-4 months), sale of real estate, and tax clearance.
Local Resources
Grant County Court Resources
- Court Website: www.co.grant.wi.gov
- Probate Self-Help: Wisconsin Court System Self-Help
- Wisconsin Probate Forms: Circuit Court Forms
Legal Aid and Attorney Referrals
- State Bar of Wisconsin Lawyer Referral: www.wisbar.org
- Legal Action of Wisconsin: (855) 947-2529 — Civil legal aid for low-income residents.
Publication
- Grant County Herald Independent: (608) 723-2151 — Lancaster
- The Platteville Journal: (608) 348-3006 — Platteville