Overview
Rock County is located in Wisconsin with a population of approximately 164,000. The Rock 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.
Wisconsin offers a simplified procedure known as Transfer by Affidavit for estates 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 based on a percentage of the estate; fees must be reasonable and are often based on hourly rates or a flat fee agreed upon by the parties.
This guide provides an informational overview of the Rock 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
Rock County Circuit Court
Probate matters in Rock County are handled at the Rock County Courthouse.
Address: 51 South Main Street, Janesville, WI 53545
Phone: (608) 757-5635 (Register in Probate)
Hours: Monday through Friday, 7:30 AM to 4:30 PM
The Register in Probate office is responsible for maintaining court records and overseeing the administration of estates. It is located within the main courthouse building.
Parking and Access
Public parking is available in the lot in front of the main entrance and in the rear east parking lot. The courthouse is also accessible via the Janesville Transit System (JTS), with the Downtown Transfer Center located nearby.
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: Property held in joint tenancy or survivorship marital property passes directly to the surviving owner.
- 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 Rock 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 for estates over $10,000)
- Waiver and Consent forms from interested parties (if applicable)
E-filing is mandatory for attorneys and optional for self-represented litigants in Wisconsin circuit courts.
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 Rock County (such as The Janesville Gazette or Beloit Daily News) for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition, typically 3 to 4 weeks after filing. At the hearing, the judge or court commissioner reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and resolve claims (creditors typically have 3-4 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 to close the estate.
Local Requirements
Rock County-Specific Procedures
- E-filing: Mandatory for attorneys; pro se litigants may opt in.
- Bond requirements: The court may require a surety bond unless the will waives it or all beneficiaries agree to waive it.
- Local court rules: Rock County may have specific local rules regarding guardian ad litem appointments and scheduling; check with the Register in Probate.
- Publication: Notice must be published in a newspaper of general circulation in Rock County for three consecutive weeks.
Always check with the Register in Probate for the most current local checklists and requirements.
Timeline & Fees
Filing Fees (Rock County)
- Petition for Administration: 0.2% of the value of property subject to administration (minimum $20 for estates under $10,000).
- Objection to Will: $20
- Certified copies of Letters: $3.00 for certification + $1.00 per page
- Publication costs: approximately $150-$300 depending on the newspaper
- Claims filing fee: $3.00
Wisconsin does not set statutory percentage fees for attorneys or personal representatives; fees must be "just and reasonable."
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees may apply).
Estimated Timelines
- Simple estates (informal administration): 6-12 months
- Average 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
Rock County Court Resources
- Court Website: https://www.co.rock.wi.us/departments/circuit-court
- 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
- Rock County Bar Association: Local attorney listings.
- Legal Action of Wisconsin: (855) 947-2529 — Legal aid for low-income residents.
- State Bar of Wisconsin Lawyer Referral: https://www.wisbar.org/forPublic/INeedaLawyer/pages/lrs.aspx
Publication
- The Janesville Gazette: (608) 754-3311 — Official newspaper for publication.
- Beloit Daily News: (608) 365-8811 — Newspaper of general circulation.