Overview
Menominee County is located in Wisconsin with a population of approximately 4,255. The Menominee 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.
Simplified Procedures: Wisconsin offers a Transfer by Affidavit procedure for estates valued at $50,000 or less. This allows heirs to collect assets without full court supervision after a 30-day waiting period.
Fee Structure: Wisconsin charges a probate filing fee based on the value of the estate's assets. For estates valued over $10,000, the fee is 0.2% of the net value of the property subject to administration.
This guide provides an informational overview of the Menominee 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
Menominee County Circuit Court
Probate matters in Menominee County are filed with the Clerk of Courts at the Menominee County Courthouse. Note that Menominee and Shawano counties share a Register in Probate office located in Shawano, but filings for Menominee residents should be directed to the Menominee County Clerk.
Address: W3269 Courthouse Lane, Keshena, WI 54135
Mailing Address: PO Box 279, Keshena, WI 54135
Phone: (715) 799-3313 (Clerk of Courts)
Hours: Monday through Friday, 8:00 AM to 12:00 PM and 12:30 PM to 4:30 PM
The courthouse is located in Keshena. The Clerk of Courts office accepts filings for probate matters. Hearings may sometimes be scheduled at the Shawano County Courthouse due to the shared judicial district arrangement.
Parking and Access
Free parking is available in the lot adjacent to the courthouse building. The facility is accessible to persons with disabilities.
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.
- Summary Settlement/Assignment: Available for estates where the value does not exceed certain thresholds (e.g., $50,000) or is less than the costs of administration.
- 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 Menominee County Circuit Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Order Setting Time to Hear Petition (Form PR-1805)
- Filing fee (0.2% of estate value for estates >$10,000)
- Waiver and Consent forms from interested parties (if applicable)
Electronic filing (e-filing) is mandatory for most 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.
- Publish notice in a newspaper of general circulation in Menominee County (typically the Shawano Leader) 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 court commissioner reviews the petition 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 (usually 3-4 months).
- Inventory and appraise all estate assets and file an Inventory (Form PR-1811) 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 (Form PR-1816) to close the matter.
Local Requirements
Menominee County-Specific Procedures
- Shared Services: Menominee County shares a Register in Probate with Shawano County. While you file in Menominee, administrative questions may sometimes be referred to the shared office in Shawano at (715) 526-8631.
- E-Filing: Wisconsin utilizes a mandatory e-filing system for attorneys. Self-represented litigants may opt-in to e-file.
- Publication: Notice is typically published in the Shawano Leader, which serves as the official newspaper for legal notices in the area.
- Tribal Court: If the decedent was a member of the Menominee Indian Tribe and lived on the reservation, probate jurisdiction may fall under the Menominee Tribal Court rather than the state circuit court. Verify jurisdiction based on the decedent's status and asset location.
Timeline & Fees
Filing Fees (Menominee County)
- Petition for Administration: 0.2% of the value of property subject to administration (for estates >$10,000).
- Estates $10,000 or less: $20.00 flat fee.
- Certified copies of Letters: $3.00 for certification + $1.00 per page.
- Publication costs: Approximately $100-$200 depending on the newspaper.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees apply for cards). Checks should be made payable to "Clerk of Courts".
Estimated Timelines
- Transfer by Affidavit: Minimum 30 days after death.
- Informal Administration: 6-12 months.
- Formal Administration: 12-18 months or longer depending on complexity.
Creditor claim periods (3-4 months) and tax processing times significantly impact the timeline.
Local Resources
Menominee County Court Resources
- Court Website: Menominee County Clerk of Courts
- Probate Self-Help: Wisconsin Court System - Probate
- Wisconsin Probate Forms: WICourts.gov Forms
Legal Aid and Attorney Referrals
- State Bar of Wisconsin Lawyer Referral: wisbar.org
- Judicare Legal Aid: (800) 472-1638 — Serving northern Wisconsin counties.
Publication
- Shawano Leader: (715) 526-2121 — Common newspaper for legal notices in the region.