Overview
Pepin County is located in Wisconsin with a population of approximately 7,318. The Pepin 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.
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.
The filing fee in Wisconsin is 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. For estates of $10,000 or less, the fee is $20.
This guide provides an informational overview of the Pepin 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
Pepin County Register in Probate
Probate matters in Pepin County are handled at the Pepin County Courthouse.
Address: 740 7th Avenue West, Durand, WI 54736
Phone: 715-672-8861 (Clerk of Circuit Court)
Hours: Monday through Friday, 8:30 AM to 12:00 PM, 12:30 PM to 4:30 PM
The Register in Probate office is located within the courthouse and assists with the administration of estates, guardianships, and mental commitments.
Parking and Access
Street parking is generally available around the courthouse in Durand. 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 use the Transfer by Affidavit (Form PR-1831) to transfer assets without court supervision.
- Summary Settlement/Assignment: Available for estates where the value does not exceed certain 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 Pepin County Circuit Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Order for Hearing and Notice (Form PR-1803)
- Filing fee (calculated based on estate value, typically paid at inventory filing or commencement)
- Waiver and Consent forms from heirs (if applicable)
Wisconsin requires mandatory e-filing for attorneys. Pro se litigants may file in paper or opt into the e-filing system.
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 Pepin County, such as The Courier-Wedge, for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary (or Letters of Administration) appointing the Personal Representative.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and set a deadline for claims (typically 3-4 months).
- Inventory and appraise all estate assets and file the 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 conclude the matter.
Local Requirements
Pepin County-Specific Procedures
- E-filing: Wisconsin utilizes a statewide electronic filing system. Attorneys are required to e-file. Self-represented parties are encouraged to use the system but may file paper documents.
- Inventory Fee: The statutory "filing fee" of 0.2% is often referred to as the Inventory Fee and must be paid when the inventory is filed.
- Publication: Notice is typically published in The Courier-Wedge, the official county newspaper.
Always check with the Register in Probate for any specific local forms or checklist requirements.
Timeline & Fees
Filing Fees (Pepin County)
- Petition/Inventory Fee: 0.2% of the net value of the estate (assets less liens/encumbrances) for estates over $10,000.
- Small Estates ($10,000 or less): $20.00 flat fee.
- Certified copies of Letters: Approximately $3.00 per certified copy plus $1.00 per page.
- Publication costs: Approximately $100-$200 depending on the length of the notice and newspaper rates.
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted via the e-filing system or with a convenience fee.
Estimated Timelines
- Simple estates (Transfer by Affidavit): A few weeks.
- Average estates: 9-12 months.
- Complex or contested estates: 18 months to 2 years.
Creditor claim periods (3-4 months) and tax processing times significantly affect the timeline.
Local Resources
Pepin County Court Resources
- Court Website: https://www.co.pepin.wi.us/
- Probate Self-Help: https://www.wicourts.gov/services/public/selfhelp/probate.htm
- Wisconsin Probate Forms: https://www.wicourts.gov/forms1/circuit/formcategory.jsp?Category=26
Legal Aid and Attorney Referrals
- State Bar of Wisconsin Lawyer Referral: https://www.wisbar.org/forpublic/ineedalawyer/pages/lris.aspx
- Judicare Legal Aid: 800-472-1638 — Provides legal services to low-income residents in northern Wisconsin.
Publication
- The Courier-Wedge: 715-672-4252 — Official newspaper for legal notices in Pepin County.