Overview
Kenosha County is located in Wisconsin with a population of approximately 168,754. The Kenosha 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 an Application for Informal 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.
Simplified Procedures: Wisconsin offers a Transfer by Affidavit process for estates valued at $50,000 or less. This allows heirs to collect assets without full court supervision.
Fees: Wisconsin charges a "probate filing fee" based on the value of the estate's assets (0.2% of the net value of property subject to administration).
This guide provides an informational overview of the Kenosha 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
Kenosha County Circuit Court
Probate matters in Kenosha County are handled at the Kenosha County Courthouse.
Address: 912 56th Street, Kenosha, WI 53140
Phone: (262) 653-2664 (Probate Office)
Hours: Monday through Friday, 8:00 AM to 5:00 PM
The Probate Office is located within the Clerk of Courts division. It handles the filing of wills, probate petitions, and guardianships.
Parking and Access
Public parking is available in the area surrounding the courthouse. There is street parking (check signs for time limits) and a public parking ramp located nearby. Security screening is required upon entering the courthouse building.
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 collect assets without opening a court case.
- Non-Probate Transfers: Assets with designated beneficiaries (like life insurance or payable-on-death accounts) or jointly owned property bypass probate.
- Trust Administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal or informal administration is needed, file an Application for Informal Administration (Form PR-1801) with the Kenosha County Circuit Court. Include:
- Original Will (if applicable)
- Certified Death Certificate
- Order for Hearing (if formal) or Statement of Informal Administration (if informal)
- Filing Fee: 0.2% of the estate value (minimum $20)
Note: Wisconsin requires mandatory e-filing for attorneys. Self-represented litigants may file in paper or opt into the e-filing system.
Step 3: Provide Notice
After filing, you must:
- Mail notice (Form PR-1806) to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Kenosha County (typically the Kenosha News) for three consecutive weeks.
Step 4: Attend the Hearing (Formal Probate)
If filing for formal administration, the court will schedule a hearing. At the hearing, the judge reviews the petition and, if approved, issues Domiciliary Letters. In informal administration, the Probate Registrar may issue letters without a hearing if all paperwork is in order.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify Creditors: Set a deadline for claims (3-4 months from the order).
- File Inventory: File an inventory of all estate assets (Form PR-1811) within 6 months.
- Pay Debts & Taxes: Pay valid creditor claims and file final income/estate tax returns.
- Distribute Assets: Distribute remaining assets to beneficiaries.
- Close Estate: File a final accounting and the Estate Receipt (Form PR-1815) to close the case.
Local Requirements
Kenosha County-Specific Procedures
- E-Filing: Kenosha County participates in the Wisconsin Circuit Court eFiling system.
- Inventory Fee: The 0.2% filing fee is calculated based on the value of the assets reported in the inventory.
- Publication: Notice to creditors is typically published in the Kenosha News.
- Local Forms: While standard Wisconsin state forms are used, check with the Probate Registrar for any specific local checklists or cover sheets.
Timeline & Fees
Filing Fees (Kenosha County)
- Application for Informal Administration: 0.2% of the value of the property subject to administration (minimum $20).
- Certified Copies: $3.00 per certificate + $1.00 per page.
- Claims: $3.00 to file a claim against the estate.
- Publication Costs: Approximately $100-$200, depending on the length of the notice.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees may apply).
Estimated Timelines
- Simple Estates: 6-12 months
- Average Estates: 9-18 months
- Complex or Contested Estates: 18 months to 2+ years
Factors affecting the timeline include the 3-4 month creditor claim period and the time required to sell real estate or settle tax matters.
Local Resources
Kenosha County Court Resources
- Court Website: kenoshacounty.org
- Probate Self-Help: wicourts.gov
- 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 — Provides civil legal aid to low-income residents.
Publication
- Kenosha News: (262) 657-1000 — kenoshanews.com