Overview
Milwaukee County is located in Wisconsin with a population of approximately 924,740. The Milwaukee County Circuit Court - Probate Division 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.
For smaller estates, Wisconsin offers a Transfer by Affidavit procedure for estates valued at $50,000 or less. This allows heirs to collect assets without full court administration.
Wisconsin utilizes a filing fee based on the value of the estate. 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 Milwaukee 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
Milwaukee County Courthouse
Probate matters in Milwaukee County are handled at the Milwaukee County Courthouse.
Address: 901 N. 9th St., Room 207, Milwaukee, WI 53233
Phone: (414) 278-4444 (Informal Probate) or (414) 278-4452 (General)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Division is located in Room 207. It handles the filing of wills, administration of estates, guardianships, and trusts.
Parking and Access
Public parking is available at the MacArthur Square parking structure (841 N. James Lovell St.) and various street parking locations nearby. The courthouse is accessible via public transit, including several Milwaukee County Transit System (MCTS) bus lines. Security screening is required for entry.
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 Form PR-1831 without opening a court case.
- Survivorship/Beneficiary Designations: Assets with named beneficiaries or rights of survivorship (e.g., joint bank accounts, life insurance) generally bypass probate.
- 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 Milwaukee 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 for estates > $10,000; $20 minimum)
- Waiver and Consent forms from heirs (if applicable)
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.
- Publish notice in a newspaper of general circulation in Milwaukee County (e.g., The Daily Reporter) 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 Letters of Administration).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and resolve claims (deadline is typically 3-4 months from the 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 (Form PR-1815) to close the estate.
Local Requirements
Milwaukee County-Specific Procedures
- E-filing: Electronic filing is mandatory for attorneys and strongly encouraged for pro se litigants via the Wisconsin Circuit Court eFiling system.
- Bond requirements: A surety bond may be required unless the will waives it or all interested parties consent to waive it.
- Publication: Notice to creditors must be published in a recognized newspaper such as The Daily Reporter or Milwaukee Community Journal.
- Inventory Fee: The 0.2% inventory filing fee must be paid before the estate can be closed.
Consult the Milwaukee County Probate Division website for the most current local rules and checklists.
Timeline & Fees
Filing Fees (Milwaukee County)
- Petition/Inventory Fee: 0.2% of estate value (net of liens) for estates > $10,000; $20 for estates ≤ $10,000.
- Transfer by Affidavit: No court filing fee (recording fees may apply if recorded with Register of Deeds).
- Certified copies of Letters: $3.00 certification fee + $1.00 per page.
- Publication costs: approximately $140-$300 depending on the newspaper.
- Objection to Probate: $20.00
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees apply for cards).
Estimated Timelines
- Simple estates (Informal Administration): 6-12 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
Factors affecting the timeline include the sale of real estate, creditor disputes, and tax clearance.
Local Resources
Milwaukee County Court Resources
- Court Website: county.milwaukee.gov
- Probate Self-Help: wicourts.gov
- Wisconsin Probate Forms: wicourts.gov
Legal Aid and Attorney Referrals
- Milwaukee Bar Association: (414) 274-6768 — Lawyer Referral Service
- Legal Action of Wisconsin: (855) 947-2529 — Low-income legal aid
- State Bar of Wisconsin Lawyer Referral: wisbar.org
Publication
- The Daily Reporter: (414) 276-0273 — Legal notices
- Milwaukee Community Journal: (414) 265-5300 — Legal notices