Overview
Portage County is located in Wisconsin with a population of approximately 72,040. The Portage 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 Wis. Stat. ch. 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.
For smaller estates, Wisconsin offers a Transfer by Affidavit procedure if the estate is valued at $50,000 or less. This allows for the transfer of assets without full probate administration.
Filing fees in Wisconsin are generally 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 Portage 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
Portage County Circuit Court
Probate matters in Portage County are handled at the Portage County Courthouse.
Address: 1516 Church Street, Stevens Point, WI 54481
Phone: (715) 346-1490 (Register in Probate)
Hours: Monday through Friday, 7:30 AM to 4:30 PM
The Register in Probate office is located on the 2nd floor of the courthouse. This office assists with the filing of probate documents and maintenance of estate records.
Parking and Access
Public parking is available near the courthouse. Visitors should be prepared for security screening upon entering the building.
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.
- Survivorship/Joint Tenancy: Assets held in joint tenancy or with a beneficiary designation (POD/TOD) generally pass directly to the survivor.
- 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 Portage 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)
- Any additional required documents (e.g., Waiver and Consent forms)
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 (unless waived).
- Publish notice in a newspaper of general circulation in Portage County 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 (Domiciliary Letters).
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 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 to close the estate.
Local Requirements
Portage County-Specific Procedures
- E-filing: Electronic filing is mandatory for attorneys and permissible for self-represented parties.
- Bond requirements: A surety bond may be required unless waived by the will or the court.
- Local court rules: Check with the Register in Probate for specific local forms or procedural preferences.
- Publication: Notice must be published in a newspaper of general circulation in Portage County for three successive weeks.
Always check with the Register in Probate for the most current local rules and requirements.
Timeline & Fees
Filing Fees (Portage County)
- Petition for Administration: 0.2% of the value of the property subject to administration (minimum $20).
- Transfer by Affidavit: Generally no court filing fee if not filed with the court, but recording fees may apply at the Register of Deeds.
- Certified copies of Letters: Approximately $3.00 for certification plus $1.00 per page.
- Publication costs: Approximately $100-$300 depending on the newspaper.
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee.
Estimated Timelines
- Simple estates (Informal Administration): 6-12 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2 years or more
Factors affecting the timeline include the creditor claim period (3-4 months), sale of real estate, and tax clearance.
Local Resources
Portage County Court Resources
- Court Website: https://www.co.portage.wi.gov/343/Register-in-Probate
- Probate Self-Help: https://www.wicourts.gov/services/public/selfhelp/probate.htm
- Wisconsin Probate Forms: https://www.wicourts.gov/forms1/circuit/index.htm
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 individuals in northern Wisconsin.
Publication
- Stevens Point Journal: (888) 774-7744 — Daily newspaper.
- Portage County Gazette: (715) 343-8045 — Weekly newspaper.