Overview
Waushara County is located in Wisconsin with a population of approximately 25,079. The Waushara 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.
For smaller 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 charges a filing fee based on the value of the estate (inventory filing fee), which is generally 0.2% of the net value of the property subject to administration.
This guide provides an informational overview of the Waushara 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
Waushara County Circuit Court
Probate matters in Waushara County are handled at the Waushara County Government Center.
Address: 380 S. Townline Road, Wautoma, WI 54982
Phone: (920) 787-0448 (Register in Probate)
Hours: Monday through Friday, 8:00 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 Government Center complex.
Parking and Access
Free parking is generally available in the lot adjacent to the Government Center. Visitors pass through 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: For estates valued at $50,000 or less, you may be able to transfer assets using Form PR-1831 without opening a court case.
- Survivorship/Beneficiary Designations: Assets with named beneficiaries or held in joint tenancy transfer directly to the survivor.
- 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 Waushara County Circuit Court. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Order for Hearing and Notice (Form PR-1803)
- Filing fee (typically $20 to open, plus inventory fee later)
- Waiver and Consent forms from heirs (if applicable)
Wisconsin courts mandate electronic filing (e-filing) for attorneys and high-volume filers; pro se litigants may file in paper but are encouraged to opt into e-filing.
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 Waushara County (typically The Waushara Argus) for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. 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:
- Publish a deadline for creditor claims (typically 3-4 months).
- Inventory and appraise all estate assets and file the Inventory (Form PR-1811) along with the inventory filing fee (0.2% of estate value).
- Pay valid creditor claims and taxes.
- Distribute assets to beneficiaries.
- File a Estate Receipt and Statement of Personal Representative to Close Estate to conclude the matter.
Local Requirements
Waushara County-Specific Procedures
- E-filing: Waushara County participates in the Wisconsin Circuit Court eFiling system.
- Inventory Fee: The statutory inventory fee (0.2% of estate value) must be paid before the estate can be closed.
- Publication: Notice is typically published in The Waushara Argus.
- Local Forms: While standard state forms are used, check with the Register in Probate for any specific local checklists or cover sheets.
Always check with the Register in Probate for the most current local rules regarding bond requirements and hearing schedules.
Timeline & Fees
Filing Fees (Waushara County)
- Petition for Administration: $20.00 (for estates under $10,000) or 0.2% of value (for estates over $10,000)
- Inventory Filing Fee: 0.2% of the value of the property (approx. $200 per $100,000 of assets)
- Certified copies of Letters: $3.00 for certification + $1.00 per page
- Publication costs: Approximately $100-$300 depending on the length of the notice
- Claims Notice: $3.00 - $4.00
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees apply for cards).
Estimated Timelines
- Simple estates (Transfer by Affidavit): A few weeks
- Informal Administration: 6-12 months
- Complex or contested estates: 12 months to 2 years
Wisconsin statutes generally require estates to be closed within 18 months unless an extension is granted.
Local Resources
Waushara County Court Resources
- Court Website: Waushara County Circuit Court
- Probate Self-Help: Wisconsin Court System Self-Help
- State 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 — Provides civil legal aid to low-income residents.
Publication
- The Waushara Argus: (920) 787-3334 — Newspaper of general circulation for probate notices.