Overview
Racine County is located in Wisconsin with a population of approximately 198,651. The Racine County Circuit Court (Probate Branch) handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Wisconsin probate is governed by Chapter 851-882 of the Wisconsin Statutes. 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 Domiciliary Letters for testate estates or Letters of Administration for intestate estates.
Simplified Procedures: Wisconsin offers a Transfer by Affidavit procedure for estates valued at $50,000 or less. This allows heirs to collect assets without opening a formal probate court file.
Statutory Fees: Wisconsin does not have a mandatory statutory attorney fee schedule based on a percentage of the estate. Attorney fees must be "just and reasonable" based on the work performed. However, the Register in Probate charges a filing fee of 0.2% of the estate's inventory value for formal and informal administration.
This guide provides an informational overview of the Racine 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
Racine County Courthouse
Probate matters in Racine County are handled at the Racine County Courthouse.
Address: 730 Wisconsin Ave, Racine, WI 53403
Phone: (262) 636-3333 (Clerk of Circuit Court — ask for Probate)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Register in Probate office is located within the courthouse. They assist with the administrative aspects of probate but cannot provide legal advice.
Parking and Access
Metered street parking is available around the courthouse square (coins or mobile app payment). There is a 4-hour maximum on most meters. Public transit is available via RYDE Racine bus services, with stops near the courthouse. Visitors must pass through security screening 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 transfer assets via affidavit without court supervision.
- Survivorship/Joint Tenancy: Assets held in joint tenancy or with a beneficiary designation (POD/TOD) 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 or informal probate is needed, file a Petition for Administration (Form PR-1801) with the Racine County Register in Probate. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Order for Hearing and Notice (if formal) or Waiver of Consent (if informal)
- Filing fee (initial fee is typically $20; inventory fee comes later)
E-Filing: Electronic filing is mandatory for attorneys and available/encouraged for self-represented litigants in Racine County.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (or notice of informal administration) to all heirs, beneficiaries, and interested parties.
- Publish notice in a newspaper of general circulation in Racine County (typically The Journal Times) for three successive weeks.
Step 4: Attend the Hearing (Formal Probate Only)
If filing for Formal Administration, the court will schedule a hearing. If approved, the judge issues Domiciliary Letters. For Informal Administration, the Probate Registrar can issue letters without a hearing if all paperwork is in order.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish notice to creditors (setting a 3-4 month claim deadline)
- Inventory and appraise all estate assets and file the Inventory with the court (filing fee of 0.2% of value is due at this time)
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a Personal Representative's Statement to Close Estate (informal) or Final Judgment (formal)
Local Requirements
Racine County-Specific Procedures
- E-Filing: Racine County is a mandatory e-filing county for attorneys. Pro se litigants may opt into the e-filing system.
- Inventory Fee: The 0.2% filing fee (probate tax) must be paid when the Inventory is filed.
- Publication: Notice is typically published in The Journal Times.
- Local Forms: While standard Wisconsin state forms are used, check with the Register in Probate for any specific local checklists or cover sheets.
Timeline & Fees
Filing Fees (Racine County)
- Petition for Administration: $20.00 (for estates under $10,000) or 0.2% of net value (for estates over $10,000)
- Inventory Filing Fee: 0.2% of the value of property (e.g., $200 for a $100,000 estate)
- Certified Copies: $3.00 per certification + $1.00 per page
- Publication costs: approximately $150-$300 depending on the length of the notice
- Transfer by Affidavit: Recording fees vary by county register of deeds (typically ~$30)
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards are generally accepted for e-filing or via third-party processors (convenience fees apply).
Estimated Timelines
- Simple estates (Informal): 6-12 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2+ years
The creditor claim period in Wisconsin is typically 3 to 4 months from the date of the court order setting the deadline.
Local Resources
Racine County Court Resources
- Court Website: racinecounty.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 (Racine Office): (262) 635-8836
Publication
- The Journal Times: (262) 634-3322 — journaltimes.com