Overview
Waukesha County is located in Wisconsin with a population of approximately 406,978. The Waukesha County Probate 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 an Application for Informal 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.
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.
Wisconsin does not have a statutory fee schedule for attorney or personal representative fees; fees must be "reasonable" based on the services provided. However, the court charges a probate filing fee (inventory fee) of 0.2% of the net value of the property subject to administration.
This guide provides an informational overview of the Waukesha 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
Waukesha County Probate Court
Probate matters in Waukesha County are handled at the Waukesha County Courthouse.
Address: 515 W Moreland Blvd, Room C-153, Waukesha, WI 53188
Phone: (262) 548-7468 (Register in Probate)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
The Probate Office is located in Room C-153 of the courthouse. The Register in Probate assists with the administration of estates, guardianships, and mental health commitments.
Parking and Access
Public parking is available in the lots surrounding the courthouse. All visitors must enter through the main entrance at 515 W. Moreland Blvd and pass through security screening. Allow extra time for security checks, especially during morning hours.
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 the Transfer by Affidavit form (Form PR-1831) 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 or informal probate is needed, file an Application for Informal Administration (Form PR-1801) with the Waukesha County Probate Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Notice Setting Time to Hear Application and Deadline for Filing Claims (Form PR-1805)
- Filing fee (based on estate value)
- Waiver and Consent (Form PR-1803) from interested persons (optional but speeds process)
Note: E-filing is mandatory for most probate cases in Waukesha County.
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 Waukesha County (typically the Waukesha Freeman) for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. If the petition is for informal administration and all waivers are filed, a hearing may not be required. Upon approval, the court issues Domiciliary Letters, granting the personal representative authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors and allow 3 to 4 months for claims to be filed.
- 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 Personal Representative's Statement to Close Estate (Form PR-1816) or a final account and petition for discharge.
Local Requirements
Waukesha County-Specific Procedures
- E-filing: Waukesha County requires mandatory e-filing for probate cases.
- Probate Packets: The Register in Probate provides specific packets for Informal Administration, Formal Administration, and Special Administration on their website.
- Inventory Fee: A filing fee of 0.2% of the net value of the estate is due when the inventory is filed.
- Publication: Notice is typically published in the Waukesha Freeman.
Always check the latest local court rules as procedures can vary by judge.
Timeline & Fees
Filing Fees (Waukesha County)
- Application for Informal Administration: 0.2% of the value of property subject to administration (if over $10,000); $20 if $10,000 or less.
- Certified copies: $3.00 per document + $1.00 per page.
- Publication costs: approximately $100-$300 depending on the newspaper.
- Claims: $3.00 to file a claim against the estate.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (convenience fees apply for cards). Checks should be made payable to "Register in Probate."
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 set by the court at 3 to 4 months.
Local Resources
Waukesha County Court Resources
- Court Website: Waukesha County Probate Court
- Probate Packets: Waukesha Probate Forms
- Wisconsin Probate Forms: Wisconsin Court System Forms
Legal Aid and Attorney Referrals
- Waukesha County Bar Association: (262) 544-4016 — Lawyer Referral Service
- Legal Action of Wisconsin: (855) 947-2529 — Legal Aid
- State Bar of Wisconsin: WisBar.org
Publication
- Waukesha Freeman: (262) 542-2501 — General circulation newspaper
- Wisconsin Public Notices: WisconsinPublicNotices.org