Overview
Sauk County is located in south-central Wisconsin with a population of approximately 66,486. The Sauk County Circuit Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death. The Register in Probate serves as the court clerk for probate matters.
Wisconsin probate is governed by Wisconsin Statutes Chapters 851-882. The process begins with filing an Application for Informal Administration (Form PR-1801) or a Petition for Formal Administration 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 transfer assets without full court supervision.
Wisconsin does not have a statutory fee schedule for attorneys or personal representatives; fees must be "just and reasonable." The court charges a probate inventory fee of 0.2% of the net value of the property subject to administration (minimum $20).
This guide provides an informational overview of the Sauk 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
Sauk County Circuit Court --- Register in Probate
Probate matters in Sauk County are handled by the Register in Probate at the Sauk County Courthouse.
Address: 510 Broadway Street, Room C234, Baraboo, WI 53913
Phone: (608) 355-3226 (Register in Probate)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (appointments recommended)
The Register in Probate office is located in Room C234 of the Sauk County Courthouse. The office is responsible for maintaining records of estates, guardianships, and trusts. Appointments are recommended for probate consultations.
Parking and Access
Public parking is available on the streets surrounding the courthouse and in nearby public lots in downtown Baraboo. 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 transfer assets using Form PR-1831 without opening a court case.
- Summary Settlement/Assignment: Available for certain estates where the value does not exceed $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 Application
If formal probate is needed, file an Application for Informal Administration (Form PR-1801) with the Sauk County Circuit Court. Include:
- Original will and codicils (if any)
- Certified death certificate
- Order Setting Time to Hear Petition and Notice to Creditors
- Filing fee (based on estate value --- 0.2% of net value, minimum $20)
- Consent to Serve (Form PR-1806)
E-filing is mandatory for attorneys in Wisconsin. Self-represented litigants may file in person or opt-in to e-file. Formal administration must be filed electronically by an attorney.
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 Sauk County (such as the Baraboo News Republic) for three successive weeks
Proof of publication is received approximately 1 month after the first publication of the Notice to Creditors and is filed with the court.
Step 4: Attend the Hearing
The court will schedule a hearing on the application. At the hearing, the judge or court commissioner reviews the application and, if approved, issues Letters Testamentary or Letters of Administration (Form PR-1810 or PR-1811).
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (claims must be filed within 3-4 months)
- Inventory and appraise all estate assets within 6 months
- Pay valid creditor claims and taxes
- Distribute assets to beneficiaries
- File a final accounting and Estate Receipt (Form PR-1817) to close the estate
Local Requirements
Sauk County-Specific Procedures
- Appointments Recommended: The Register in Probate recommends scheduling appointments for probate consultations by calling (608) 355-3226.
- E-filing: Wisconsin courts utilize a mandatory e-filing system for attorneys. Self-represented parties may opt-in to e-file. Formal administration in Sauk County must be filed electronically by an attorney.
- Inventory Fee: The inventory filing fee is 0.2% of total assets subject to administration (minimum $20).
- Transfer by Affidavit: Filing fee is $3.00 for the affidavit.
- Publication: Notice must be published in a newspaper of general circulation in Sauk County, such as the Baraboo News Republic, for three consecutive weeks.
Always check with the Register in Probate for the most current local rules and fee schedules.
Timeline & Fees
Filing Fees (Sauk County)
- Inventory Fee (Probate Fee): 0.2% of the net value of property subject to administration (minimum $20 for estates valued at $10,000 or less)
- Transfer by Affidavit: $3.00 filing fee (plus recording fees if real estate is involved)
- Filing a Claim: $3.00
- Filing an Objection: $20.00 statutory fee
- Certified copies: $3.00 for certification + $1.00 per page
- Publication costs: approximately $150-$300 depending on the newspaper and length of notice
Payment Methods
The court accepts cash, checks, and money orders. Credit/debit cards may be accepted with a convenience fee. Court fees can also be paid online.
Estimated Timelines
- Simple estates (informal administration): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2 years
Creditors typically have 3 to 4 months to file claims after notice is published.
Local Resources
Sauk County Court Resources
- Court Website: co.sauk.wi.us/registerinprobate
- General Probate Information: co.sauk.wi.us/general-probate-information
- Probate Fee Schedule: co.sauk.wi.us/listing-fees
- Wisconsin Probate Forms: wicourts.gov
- Probate Self-Help: wicourts.gov
Legal Aid and Attorney Referrals
- State Bar of Wisconsin: (800) 362-9082 --- Lawyer Referral and Information Service
- Legal Action of Wisconsin: (855) 947-2529 --- Legal aid for low-income residents
- Wisconsin State Bar: wisbar.org
Publication
- Baraboo News Republic: --- Newspaper of general circulation in Sauk County, publishes legal notices