Where do I file for probate in Marquette County?

File at the Marquette County Courthouse, Register in Probate Office, 77 W Park Street, Room 205, Montello, WI 53949.

How much does probate cost in Marquette County?

The primary court fee is 0.2% of the estate's inventory value (less liens). Publication costs and attorney fees are additional.

Can I avoid probate in Marquette County with a small estate?

Yes, if the estate is valued at $50,000 or less, you may use the Transfer by Affidavit process to transfer assets without a formal court case.

How long does probate take in Marquette County?

Informal administration typically takes 6 to 12 months. The statutory deadline to close an estate is generally 18 months.

Do I need an attorney for probate in Marquette County?

Wisconsin does not require an attorney, and you may proceed pro se (self-represented). However, probate can be complex, and hiring an attorney is often recommended for formal administration.

Where can I park at the Marquette County Courthouse?

There is a free visitor parking lot directly in front of the courthouse on West Park Street.

Marquette County Probate Guide: Courts, Fees & Process (2026)

Overview

Marquette County is located in Wisconsin with a population of approximately 15,743. The Marquette 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 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.

Wisconsin offers a simplified procedure known as Transfer by Affidavit for estates valued at $50,000 or less. This allows heirs to transfer assets without full court supervision. There is also a Summary Settlement procedure for small estates where the value does not exceed the costs of administration, funeral expenses, and family allowances, or where the estate is valued at $50,000 or less and there is a surviving spouse or minor children.

Wisconsin does not have a statutory fee schedule for attorneys or personal representatives; fees must be "just and reasonable." The court filing fee is generally 0.2% of the value of the property subject to administration (less encumbrances) for estates over $10,000.

This guide provides an informational overview of the Marquette 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

Marquette County Circuit Court

Probate matters in Marquette County are handled at the Marquette County Courthouse.

Address: 77 W Park Street, Room 205, Montello, WI 53949

Phone: (608) 297-3009 (Register in Probate)

Hours: Monday through Friday, 8:00 AM to 4:30 PM

The Register in Probate office is located in Room 205 of the courthouse and assists with the administrative aspects of probate cases.

Parking and Access

There is a free visitor parking lot located directly in front of the courthouse on West Park Street. Street parking is also available in the surrounding area. The building is accessible to the public during business hours.

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.
Summary Settlement/Assignment: Simplified court processes available for certain small estates or those with surviving spouses/minor children.
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 Marquette County Circuit Court. Include:

Original Will and codicils (if any)
Certified Death Certificate
Order Setting Time to Hear Petition (Form PR-1805)
Filing fee (typically paid when inventory is filed, or a deposit may be required)
Waiver and Consent forms from interested parties (if proceeding informally)

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 (unless waivers are obtained).
Publish notice in a newspaper of general circulation in Marquette County (such as the Marquette County Tribune) for three successive weeks if required by the court.

Step 4: Attend the Hearing

The court will schedule a hearing on the petition, typically a few weeks after filing. At the hearing (or administratively if informal), the Register in Probate or Judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration (Form PR-1810, Domiciliary Letters).

Step 5: Administer the Estate

After receiving Letters, the personal representative must:

Notify creditors by publication and mail, allowing 3 to 4 months for claims.
Inventory and appraise all estate assets and file the Inventory (Form PR-1811) along with the filing fee (0.2% of net value).
Pay valid creditor claims and estate expenses.
File federal and state tax returns as needed.
Distribute assets to beneficiaries.
File a Estate Receipt (Form PR-1815) and Personal Representative's Statement to Close Estate (Form PR-1816) to conclude the matter.

Local Requirements

Marquette County-Specific Procedures

E-filing: Wisconsin utilizes a mandatory e-filing system for attorneys. Self-represented parties may opt-in to e-file.
Inventory Fee: The statutory filing fee of 0.2% of the estate's value (less liens) is strictly enforced and must be paid when the inventory is filed.
Publication: Notice is typically published in the Marquette County Tribune.
Local Forms: While standard Wisconsin Circuit Court forms are used, the Register in Probate may have specific checklists or preferences for document order.

Always check with the Register in Probate for the most current local rules and fee schedules.

Timeline & Fees

Filing Fees (Marquette County)

Petition for Administration: 0.2% of the value of property subject to administration (less encumbrances) if value > $10,000; $20 if value ≤ $10,000.
Transfer by Affidavit: Generally no court filing fee if recorded only with institutions, but recording fees apply if filed with Register of Deeds (~$30).
Certified copies of Letters: $3.00 for certification + $1.00 per page.
Publication costs: Approximately $100-$200 depending on the newspaper and length of notice.
Claims Notice: $3.00 - $5.00 statutory fee may apply for filing claims.

Payment Methods

The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee (check with the Register in Probate).

Estimated Timelines

Simple estates (Informal Administration): 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 18 months unless an extension is granted.

Local Resources

Marquette County Court Resources

Court Website: https://www.marquettecountywi.gov/
Probate Self-Help: https://www.wicourts.gov/services/public/selfhelp/probate.htm
Wisconsin Probate Forms: https://www.wicourts.gov/forms1/circuit/index.htm

Legal Aid and Attorney Referrals

State Bar of Wisconsin Lawyer Referral: https://www.wisbar.org/forPublic/INeedaLawyer/Pages/i-need-a-lawyer.aspx
Legal Action of Wisconsin: (855) 947-2529 — Provides civil legal aid to low-income people.

Publication

Marquette County Tribune: (608) 297-2332 — Official newspaper for legal notices.

Probate in Marquette County, Wisconsin: 2026 Guide