Overview
Washington County is located in Wisconsin with a population of approximately 138,727. The Washington 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 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 heirs to collect assets without opening a formal probate case.
Wisconsin does not have a mandatory statutory attorney fee schedule, but a fee of approximately 2% of the inventory value is often considered a customary guideline for attorney services. The personal representative is also entitled to compensation, typically 2% of the inventory value plus expenses.
This guide provides an informational overview of the Washington 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
Washington County Justice Center
Probate matters in Washington County are handled at the Washington County Justice Center.
Address: 484 Rolfs Avenue, West Bend, WI 53090
Phone: (262) 335-4341 (Register in Probate)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Register in Probate office is located in Room 3151. This office assists with the administration of estates, guardianships, and mental commitments.
Parking and Access
Free parking is available in the large lot directly in front of the Justice Center entrance. The facility is fully accessible, with handicapped parking spaces located near the main doors. All 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 use this simplified form to transfer assets without court supervision.
- Survivorship: Assets held in joint tenancy or as survivorship marital property pass 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 Washington County Register in Probate. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Order for Hearing and Notice (Form PR-1804)
- Filing fee (0.2% of estate value)
- Waiver and Consent forms from all interested parties (if possible)
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 Washington County (typically the Daily News) for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. If all waivers are signed, the hearing may be waived or held informally. Upon approval, the court 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 (deadline for claims is typically 3-4 months from 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 (Form PR-1817) to close the estate.
Local Requirements
Washington County-Specific Procedures
- E-filing: Wisconsin courts utilize a mandatory e-filing system for attorneys. Pro se litigants may opt-in to e-file or file paper documents.
- Bond requirements: A surety bond may be required unless the will waives it or all beneficiaries agree to waive it.
- Local court rules: Washington County may require a specific "Order Limiting Time for Filing Claims" to be signed and filed immediately upon opening the estate.
- Publication: Notice is typically published in the Daily News (West Bend) or Milwaukee Journal Sentinel.
Check with the Register in Probate for a packet of local forms and a checklist for informal administration.
Timeline & Fees
Filing Fees (Washington County)
- Petition for Administration: 0.2% of the value of property (less liens/encumbrances). If value is $10,000 or less, the fee is $20.00.
- Certified copies: $3.00 for the certificate + $1.00 per page.
- Publication costs: approximately $100-$300 depending on the newspaper.
- Inventory Fee: 0.2% of the value of the property.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees apply for cards).
Estimated Timelines
- Simple estates (informal): 6-12 months
- Average estates: 9-15 months
- Complex or contested estates: 18 months to 2 years
Creditor claim periods (3-4 months) and tax clearance letters from the Wisconsin Department of Revenue can affect the timeline.
Local Resources
Washington County Court Resources
- Court Website: Washington County Clerk of Courts
- Probate Self-Help: Wisconsin Court System Self-Help Center
- Wisconsin Probate Forms: Wisconsin Circuit Court Forms
Legal Aid and Attorney Referrals
- State Bar of Wisconsin Lawyer Referral: wisbar.org
- Legal Action of Wisconsin: (855) 947-2529 — Civil legal aid for low-income residents.
Publication
- Daily News (West Bend): (262) 306-5000 — Common for local legal notices.
- Milwaukee Journal Sentinel: (414) 224-2000 — Regional circulation.