Overview
Outagamie County is located in Wisconsin with a population of approximately 195,390. The Outagamie County Register in Probate 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.
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 Outagamie 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
Outagamie County Register in Probate
Probate matters in Outagamie County are handled at the Outagamie County Justice Center.
Address: 320 S Walnut St, Appleton, WI 54911
Phone: (920) 832-5601
Hours: Monday through Friday, 8:00 AM to 4:30 PM (Closed 12:00 PM to 12:30 PM)
The Register in Probate office is located within the Justice Center. This office assists with the filing of probate documents, guardianships, and mental health commitments, but staff cannot provide legal advice.
Parking and Access
Metered street parking is available directly on Walnut Street ($1.50 per hour with a two-hour limit). Public parking is also available in the lot adjacent to the secure entry of the Government Center. Visitors must pass through security screening upon entering the Justice Center.
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.
- Summary Settlement/Assignment: Available for estates where the value does not exceed certain thresholds or is consumed by expenses.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file an Application for Informal Administration (Form PR-1801) with the Outagamie County Register in Probate. 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 over $10,000)
- Waiver and Consent forms from interested parties (if possible)
Note: Electronic filing (e-filing) is mandatory for most probate cases 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 Outagamie County (typically The Appleton Post-Crescent) for three successive weeks.
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).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (deadline for claims is typically 3-4 months from the date of 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 Estate Receipt and Statement of Personal Representative to Close Estate to conclude the matter.
Local Requirements
Outagamie County-Specific Procedures
- E-filing: Wisconsin mandates e-filing for attorneys and high-volume filers; pro se litigants are encouraged to use the system.
- Filing Fees: Fees are calculated based on the value of the estate's inventory (0.2% for estates over $10,000).
- Publication: Notice is typically published in The Appleton Post-Crescent.
- Guardians ad Litem: The court may appoint a Guardian ad Litem (GAL) to represent the interests of minors or incompetent heirs.
Always check with the Register in Probate for the most current local rules and checklists.
Timeline & Fees
Filing Fees (Outagamie County)
- Application for Informal Administration: $20 (if estate ≤ $10,000) or 0.2% of inventory value (if estate > $10,000).
- Certified copies of Letters: $3.00 for certification + $1.00 per page.
- Publication costs: Varies by newspaper (approx. $100-$300).
- Claims: $3.00 filing fee for creditor claims.
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
Creditor claim periods (3-4 months) and tax processing times significantly influence the timeline.
Local Resources
Outagamie County Court Resources
- Court Website: Outagamie 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
- The Appleton Post-Crescent: (888) 774-7744 — Official newspaper for legal notices.