Overview
Ozaukee County is located in Wisconsin with a population of approximately 94,000. The Ozaukee 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 851-879. 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 transfer assets without full court administration by filing a Transfer by Affidavit form.
Filing fees are 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. There is a minimum fee of $20 for smaller estates.
This guide provides an informational overview of the Ozaukee 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
Ozaukee County Justice Center
Probate matters in Ozaukee County are handled at the Ozaukee County Justice Center.
Address: 1201 S. Spring St., Port Washington, WI 53074
Phone: 262-284-8370 (Register in Probate)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Register in Probate office is responsible for maintaining court records and overseeing the administration of estates.
Parking and Access
Free public parking is available in the lot adjacent to the Justice Center. The facility is wheelchair accessible.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Transfer by Affidavit: For estates valued at $50,000 or less, you may be able to transfer assets using a Transfer by Affidavit without opening a court case.
- Summary Settlement/Assignment: Available for certain estates where the value does not exceed specific statutory limits (often $50,000) or where the estate is insufficient to pay debts.
- 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 Ozaukee 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 heirs (if applicable)
Note: Ozaukee County requires mandatory e-filing for most probate cases.
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 Ozaukee County (such as the Ozaukee Press or News Graphic) 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 (Form PR-1810 or PR-1811).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors typically have 3 to 4 months to file claims).
- 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
Ozaukee County-Specific Procedures
- E-filing: Ozaukee County is a mandatory e-filing county. All documents must be filed electronically through the Wisconsin Circuit Court eFiling system unless an exception applies.
- Local Court Rules: Be aware of Ozaukee County Local Rule 401 regarding probate jurisdiction and procedures.
- Publication: Notice is typically published in the Ozaukee Press or News Graphic.
- Bond: The court may require a surety bond unless the will waives it or all interested parties consent to waive it.
Timeline & Fees
Filing Fees (Ozaukee County)
- Petition for Administration: 0.2% of the value of the property subject to administration (minimum $20).
- Inventory Fee: 0.2% of the value of the property.
- Objection to Probate: $20
- Certified Copies: $1.00 per page; Certificates: $3.00
- Publication costs: Approximately $100-$300 depending on the newspaper and length of notice.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees apply for cards).
Estimated Timelines
- Simple estates: 6-12 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
Factors affecting the timeline include the 3-4 month creditor claim period, tax return processing, and the sale of real estate.
Local Resources
Ozaukee County Court Resources
- Court Website: ozaukeecounty.gov
- Probate Self-Help: Wisconsin Court System Self-Help
- Wisconsin Probate Forms: wicourts.gov
Legal Aid and Attorney Referrals
- State Bar of Wisconsin Lawyer Referral: wisbar.org
- Legal Action of Wisconsin: 855-947-2529 — legalaction.org
Publication
- Ozaukee Press: 262-284-3494 — ozaukeepress.com
- News Graphic: 262-306-5000 — gmtoday.com