Overview
Marathon County is located in Wisconsin with a population of approximately 139,091. The Marathon 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 Letters Testamentary for testate estates or Letters of Administration for intestate estates.
For smaller estates, Wisconsin offers a Transfer by Affidavit procedure if the estate is valued at $50,000 or less. This allows heirs to collect assets without full court supervision.
Filing fees in Wisconsin are set by statute. For formal and informal administration, the fee is 0.2% of the value of the property subject to administration (minimum $20).
This guide provides an informational overview of the Marathon 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
Marathon County Courthouse
Probate matters in Marathon County are handled at the Marathon County Courthouse.
Address: 500 Forest Street, Wausau, WI 54403
Phone: 715-261-1260 (Register in Probate)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (Clerk of Courts/Register in Probate office)
The Register in Probate office is located in the courthouse complex. It is responsible for maintaining court records and overseeing the administration of estates. Note that general courthouse hours may differ from specific office hours.
Parking and Access
Parking is available in the Wausau Center Mall parking ramp adjacent to the courthouse (near Hom Furniture). Visitors may need to provide their license plate number. Street parking is also available in the surrounding area, but be sure to check posted time limits.
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 this simplified procedure to transfer assets without opening a court file.
- Summary Settlement/Assignment: Available for certain estates where the value does not exceed specific statutory limits or where the estate is insolvent.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Application
If formal probate is needed, file an Application for Informal Administration (Form PR-1801) with the Marathon County Circuit Court. 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)
- Any additional required documents (e.g., Waiver and Consent forms)
Wisconsin offers mandatory e-filing for attorneys and optional e-filing for self-represented litigants.
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 Marathon County (typically the Wausau Daily Herald) for three successive weeks
Step 4: Attend the Hearing
The court will schedule a hearing on the application. At the hearing, the judge or court commissioner reviews the application and, if approved, issues Letters Testamentary or Letters of Administration (Form PR-1810 or PR-1811).
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 final accounting and petition for discharge
Local Requirements
Marathon County-Specific Procedures
- E-filing: Electronic filing is mandatory for attorneys and voluntary for self-represented parties in Marathon County probate cases.
- Local Forms: While standard Wisconsin state forms are used, check with the Register in Probate for any specific local checklists or cover sheets.
- Publication: Notice is typically published in the Wausau Daily Herald.
- Guardians ad Litem: The court may appoint a Guardian ad Litem (GAL) to represent the interests of minors or incompetent heirs, which will incur additional fees.
Always check with the Register in Probate for the most current local rules and requirements.
Timeline & Fees
Filing Fees (Marathon County)
- Application for Informal Administration: 0.2% of the value of the property subject to administration (minimum $20)
- Transfer by Affidavit: No court filing fee (form is presented to asset holders), but recording fees may apply if real estate is involved
- Certified copies of Letters: $3.00 per document + $1.00 per page
- Publication costs: approximately $100-$300 depending on the newspaper
- Claims: $3.00 to file a claim against the estate
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees may apply).
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
Wisconsin law generally requires estates to be closed within 12 months, but extensions can be granted for cause.
Local Resources
Marathon County Court Resources
- Court Website: Marathon County Register in Probate
- 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: wisbar.org
- Judicare Legal Aid: 715-842-1681 — Serving low-income residents in Northern Wisconsin
Publication
- Wausau Daily Herald: 888-774-7744 — Official newspaper for legal notices