Overview
Marinette County is located in Wisconsin with a population of approximately 42,343. The Marinette 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 Letters Testamentary 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 probate administration.
Wisconsin does not have a statutory fee schedule for attorneys or personal representatives; fees must be "just and reasonable."
This guide provides an informational overview of the Marinette 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
Marinette County Circuit Court
Probate matters in Marinette County are handled at the Marinette County Courthouse.
Address: 1926 Hall Avenue, Room A125, Marinette, WI 54143
Phone: (715) 732-7475 (Register in Probate)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Register in Probate office is located on the first floor of the courthouse.
Parking and Access
Metered parking is available on Hall Avenue (approximately $0.75 per hour). A free public parking lot is located one block west on Stephenson Street. Visitors must pass through security screening upon entering the courthouse.
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 via affidavit without court supervision.
- Survivorship/Beneficiary Designations: Assets held in joint tenancy, with a beneficiary designation, or payable-on-death (POD) pass directly to the survivor/beneficiary.
- 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 Marinette 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)
- Waiver and Consent forms from interested parties (if applicable)
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 Marinette County (e.g., EagleHerald) for three successive weeks.
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 Letters Testamentary (or Domiciliary Letters) to the personal representative.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (deadline for claims is typically 3-4 months from the court order)
- 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 Estate Receipt to close the estate
Local Requirements
Marinette County-Specific Procedures
- E-filing: Mandatory for attorneys; pro se litigants may opt in.
- Bond requirements: The court may require a surety bond unless the will waives it or all beneficiaries consent to waive it.
- Publication: Notice is typically published in the EagleHerald or Peshtigo Times.
- Security: Be prepared for security screening at the courthouse entrance.
Always check with the Register in Probate for the most current local rules and checklists.
Timeline & Fees
Filing Fees (Marinette County)
- Petition for Administration: 0.2% of the value of property subject to administration (minimum $20 if value is $10,000 or less)
- Objection to Probate: $20.00
- Certified copies of Letters: $3.00 for certification + $1.00 per page
- Claims: $3.00
- Publication costs: Varies by newspaper (approximately $100-$300)
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates: 6-12 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
Creditors typically have 3 to 4 months to file claims after notice is issued.
Local Resources
Marinette County Court Resources
- Court Website: Marinette 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
- Legal Action of Wisconsin: (855) 947-2529 — Civil legal aid for low-income residents
Publication
- EagleHerald: (715) 735-6611 — Daily newspaper serving Marinette area
- Peshtigo Times: (715) 582-4541 — Weekly newspaper