Overview
Winnebago County is located in Wisconsin with a population of approximately 173,307. The Winnebago County Register in Probate 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 administration.
Wisconsin law sets the fee for the personal representative (executor) at 2% of the inventory value of the estate property, unless the will specifies otherwise or the heirs agree to a different amount.
This guide provides an informational overview of the Winnebago 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
Winnebago County Register in Probate
Probate matters in Winnebago County are handled at the Winnebago County Courthouse.
Address: 415 Jackson St, Room 242, Oshkosh, WI 54903
Phone: (920) 236-4833 (Register in Probate)
Hours: Monday through Friday, 8:00 AM to 12:00 PM and 1:00 PM to 4:30 PM (closed for lunch)
The Register in Probate office is located on the second floor of the courthouse. This office maintains records of estates, guardianships, and mental commitments.
Parking and Access
Public parking is available in the lot adjacent to the courthouse and on surrounding streets. Visitors must 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: 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.
- Survivorship: Jointly held assets or those with beneficiary designations (POD/TOD) pass 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 Winnebago County Register in Probate. Include:
- Original Will and codicils (if any)
- Certified death certificate
- Order for Hearing and Notice to Creditors
- Filing fee (based on estate value)
- Consent to Serve (Form PR-1806)
Wisconsin courts utilize e-filing, which is mandatory for attorneys and optional for self-represented litigants.
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 Winnebago County (typically the Oshkosh Northwestern) for three successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. At the hearing, the judge or probate registrar reviews the petition 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 (creditors typically have 3-4 months to file claims)
- Inventory and appraise all estate assets within 6 months
- Pay valid creditor claims and administrative 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
Winnebago County-Specific Procedures
- E-filing: Winnebago County participates in the Wisconsin Circuit Court eFiling system.
- Inventory Fee: A statutory inventory filing fee of 0.2% of the estate's net value must be paid before the estate can be closed.
- Publication: Notice is typically published in the Oshkosh Northwestern.
- Guardians ad Litem: The court may appoint a Guardian ad Litem (GAL) to represent the interests of minors or incompetent heirs, with fees typically paid by the estate.
Always check with the Register in Probate for the most current local rules and checklist requirements.
Timeline & Fees
Filing Fees (Winnebago County)
- Petition for Administration: $20 (if estate ≤ $10,000) or 0.2% of net value (if estate > $10,000)
- Inventory Filing Fee: 0.2% of the value of property
- Certified copies of Letters: $3.00 per document + $1.00 per page
- Publication costs: approximately $100-$300 depending on the newspaper
- Recording Fee: $30 per document (Register of Deeds)
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (service fees apply).
Estimated Timelines
- Simple estates (Transfer by Affidavit): 1-2 months
- Average estates: 9-12 months
- Complex or contested estates: 18 months to 2 years
Wisconsin law generally requires estates to be closed within 18 months, though extensions can be requested.
Local Resources
Winnebago County Court Resources
- Court Website: https://www.winnebagocountywi.gov/474/Probate
- 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
- State Bar of Wisconsin Lawyer Referral: https://www.wisbar.org/forPublic/INeedaLawyer/Pages/i-need-a-lawyer.aspx
- Legal Action of Wisconsin: (855) 947-2529 — Civil legal aid for low-income residents
Publication
- Oshkosh Northwestern: (888) 774-7744 — https://www.thenorthwestern.com