How Do I File Probate in Dane County, Wisconsin?
A step-by-step guide to filing at the Circuit Court—what documents you'll need, where to go, and what happens after you file.
Probate documents in Dane County can be filed in person at the Circuit Court, by mail, or electronically. Most families handling probate themselves prefer paper filing, though e-filing is available. The court sits in the 5th Judicial District.
Filings here are routed through the Register in Probate. Confirm with the office which intake handles the petition type you're filing.
Your Filing Options
How to File Your Documents
Paper Filing Available
You can file your probate documents in person at the court or by mail.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Factors like estate size, asset types, and whether beneficiaries agree can determine if self-filing at the Circuit Court is realistic for your situation. Dane County has a self-help center that assists people filing without an attorney.
County publishes checklists for all six probate proceeding types (informal, formal, ancillary, special administration, summary assignment, summary settlement).
Get the Dane County probate forms →For a detailed cost comparison and filing checklist, see the full Dane County Self-Filing Assessment.
In-Person Filing
The Circuit Court is located at 215 S Hamilton St, Madison, WI 53703. Phone: 608-266-4311. Hours: Monday - Friday, 8:00 AM - 4:30 PM.
Before You Go
Walk-ins accepted
You can file in person without an appointment. The Probate Office encourages appointments for filing assistance.
What to Bring
To file at the Circuit Court you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Court Resources
The Circuit Court runs a self-help center for filers without attorneys, open Monday - Friday, 8:30 AM - 4:30 PM. Staff can review paperwork for completeness and explain procedures, though they can't give legal advice on a specific case.
Additional resources, forms, and fee schedules are available on the Circuit Court website.
Court information verified June 2, 2026 · Source
Frequently Asked Questions
You open probate by filing a petition with the Circuit Court in Dane County, attaching the original will (if any), the death certificate, and the filing fee (about $450). Once the court issues letters, the personal representative can act.
At minimum: petition for probate, application for letters testamentary or of administration, notice to heirs, and an oath for the personal representative. Dane County uses the standard Wisconsin probate forms — the court's website lists the current versions.
Wisconsin allows informal (unsupervised) probate, which many families handle themselves for simple estates. The Circuit Court in Dane County does not require attorney representation. Use the Wisconsin self-filing assessment to see if your estate qualifies.
Yes. The Circuit Court in Dane County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Assets stay locked, creditors can still pursue them, and beneficiaries cannot sell real property or close accounts. After a few years, interested parties can petition to open probate themselves. Waiting rarely helps. Families who set up a revocable living trust ahead of time bypass this problem entirely.
Circuit Court
Dane County
215 S Hamilton St
Madison, WI 53703
Phone:
608-266-4311Fax:
608-266-9286
Hours:
Monday - Friday, 8:00 AM - 4:30 PM
Paper Filing Available
E-Filing Optional
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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