Overview
Pierce County is located in Wisconsin with a population of approximately 43,380. The Pierce 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 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." However, the Register in Probate charges a filing fee of 0.2% of the estate's net value for estates over $10,000.
This guide provides an informational overview of the Pierce 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
Pierce County Circuit Court
Probate matters in Pierce County are handled by the Register in Probate at the Pierce County Courthouse.
Address: 414 W. Main St., P.O. Box 97, Ellsworth, WI 54011
Phone: (715) 273-6752 (Register in Probate)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Register in Probate office is located within the courthouse complex. They assist with the administrative aspects of probate but cannot provide legal advice.
Parking and Access
Street parking is generally available around the courthouse square in Ellsworth. There are also public parking lots nearby. The building is accessible, with security screening required upon 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 use this simplified procedure to transfer assets without opening a court case.
- Summary Settlement/Assignment: Available for estates where the value does not exceed certain debts and expenses, or if the estate is under $50,000 and there is a surviving spouse or minor children.
- 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 Pierce County Register in Probate. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Order Setting Time to Hear Petition (Form PR-1803)
- Filing fee (0.2% of estate value for estates over $10,000)
- Waiver and Consent forms from heirs (if applicable to waive hearing)
E-filing is mandatory for attorneys and voluntary for self-represented litigants in Wisconsin.
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 Pierce County (such as the Pierce County Journal) for three successive weeks if required by the court.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. If waivers are obtained from all interested parties, the court may grant the petition without a formal hearing. Upon approval, the court issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (setting a 3-4 month deadline for 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
Pierce County-Specific Procedures
- E-filing: Wisconsin utilizes a mandatory e-filing system for attorneys. Pro se litigants may opt-in to e-file or file paper documents.
- Filing Fees: The inventory filing fee is strictly calculated at 0.2% of the net value of the property subject to administration (minimum $20).
- Publication: Notice is typically published in the Pierce County Journal.
- Forms: Pierce County uses the standard Wisconsin Circuit Court forms.
Always check with the Register in Probate for any specific local checklists or requirements before filing.
Timeline & Fees
Filing Fees (Pierce County)
- Inventory Filing Fee: 0.2% of the net value of the estate (e.g., $200 for a $100,000 estate). Minimum fee is $20.
- Petition for Administration: Included in the inventory fee calculation, but initial deposit may be required.
- Certified copies of Letters: $3.00 for certification + $1.00 per page.
- Publication costs: Approximately $100-$200 depending on the newspaper and length of notice.
Payment Methods
The court accepts cash, checks, and credit/debit cards (a convenience fee applies to card payments).
Estimated Timelines
- Simple estates (Transfer by Affidavit): 1-2 months
- Average formal estates: 12-18 months
- Complex or contested estates: 18 months to 2+ years
Wisconsin law generally requires estates to be closed within 18 months unless an extension is granted.
Local Resources
Pierce County Court Resources
- Court Website: co.pierce.wi.us
- 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
- Judicare Legal Aid: (800) 472-1638 — Provides legal services to low-income residents in northern Wisconsin.
Publication
- Pierce County Journal: (715) 273-8078 — Official newspaper for legal notices.