How probate works in Lafayette County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Lafayette County · 5th Judicial District
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Files probate
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Verified October 16, 2026 · Source
Probate is the court-supervised process of settling someone's estate after they die — validating the will, paying debts and taxes, and transferring what's left to the heirs. In Lafayette County, probate runs through the Circuit Court at 626 Main Street, Darlington. The court sits in the 5th Judicial District. Lafayette County shares the 5th Judicial District with Columbia, Dane, Green, Rock and Sauk.
The personal representative opens the case, gives notice to heirs and creditors, files an inventory of the estate's assets, settles outstanding debts and taxes, and then distributes the remainder under the will — or under Wisconsin intestacy law when there is no will.
Most Wisconsin estates take 9 months to 12 months to move through this process. Creditors have 4 monthsWis. Stat. §§ 859.01, 859.02, 859.07, 859.25Verified Oct 19, 2026View source to present a claim, counted from the opening of the estate.
What probate costs in Lafayette County, Wisconsin comes down to a handful of line items — the court filing fee, attorney and executor compensation, publication, and sometimes a bond — scaled by the estate's size and whether the will is contested. The case itself runs through the Circuit Court at 626 Main Street, Darlington. The court is part of the 5th Judicial District.
Wisconsin charges $36 - $36 (graduated by the net probate estate)Wis. Stat. § 814.66(1)(a)2.Verified Oct 17, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
Estimate the costs for this estate:
Attorney fees in Wisconsin are negotiated, typically 1.8%Modeled estimate under Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 2.9%Modeled estimate under Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Wisconsin sets executor compensation by statute — about $10,000 on a $500,000 estate, roughly 2.0%Wis. Stat. § 857.05(2) (2% commission on inventory value less mortgages and liens plus net principal gains, subject to court approval; a different rate by written agreement; extraordinary services)Verified Sep 9, 2026View source. Family members who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Wisconsin requires publishing notice to creditors in a local newspaper, and the estate pays for it.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%Industry surety premium estimate; the bond itself under Wis. Stat. § 856.25 (bond solely within court discretion; will requests not binding)Verified Sep 9, 2026View source of estate value annually.
Probate in Wisconsin typically runs 9 months to 12 months, and costs accrue throughout that period.
Probate cases in Lafayette County, Wisconsin are filed at the Register in Probate of the Circuit Court. The court sits in the 5th Judicial District.
Wisconsin has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableWis. Stat. Ch. 865 (informal administration by probate registrar)Verified Sep 9, 2026View source.
For a full cost comparison and filing checklist, see the Lafayette County Self-Filing Assessment.
Filed with the opening petition at the Circuit Court: Certified copy of the death certificate — NOT a filed document in Wisconsin. No statute or statewide probate form requires one to open an estate or obtain Letters; where a Register in Probate asks to see one, the clerk abstracts it onto form GF-162 and hands the original back (Wis. Stat. § 69.24(1)(a) makes copying a vital record a Class I felony); Original will and any codicils, filed with the court (Wis. Stat. § 856.05 — duty to deliver the will within 30 days of knowledge of the death)Wis. Stat. ch. 856 (formal opening, qualification, letters) & ch. 865 (informal administration); § 856.21 (persons entitled to domiciliary letters — priority); § 865.08 (informal appointment; letters)Verified Aug 24, 2026View source.
In Wisconsin a death is registered locally, and in Lafayette County certified copies of the death certificate are issued by Register of Deeds, Lafayette County as well as by Wisconsin Department of Health Services - Vital Records Office.
Vital Records Office Record
Lafayette County · Register of Deeds
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Certified copy fees
| First certified copy | $20 |
| Each additional copy ordered at the same time | $3 |
Verified November 2, 2026 · Source
Coroner or Medical Examiner Record
Lafayette County · Lafayette County Coroner
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Verified November 2, 2026 · Source
Clearing title to real estate after a death, whether by a personal representative’s deed, an affidavit of survivorship, or a court order, happens at the Register of Deeds.
Deeds and other real property documents for Lafayette County are recorded with the Register of Deeds at 626 Main Street, Room 200, Darlington, WI 53530. Phone: 1-608-776-4838. Hours: Monday-Thursday 7:30 AM-4:30 PM; Friday 7:30 AM-2:00 PM.
The Register of Deeds charges $30 flat, regardless of page count.
Lafayette County accepts electronic recording through CSC, ePN, Fidlar Technologies, Simplifile, Indecomm and Hopdox.
Recording Office Record
Lafayette County
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Recording fees
| Flat fee (any length) | $30 |
| Transfer tax on a TOD deed | TOD deeds are exempt from transfer tax |
Wis. Stat. 59.43(2)(ag)
Verified October 17, 2026 · Source
Wisconsin allows informal probate, so many families settle straightforward estates in Lafayette County without hiring an attorney. A probate attorney earns the fee when the estate is contested, includes a business or out-of-state real estate, has unclear or insolvent debts, or when beneficiaries disagree.
Probate attorney fees in Wisconsin are based on reasonable compensation, billed hourly or as a flat fee. Ask a Lafayette County firm to quote a structure up front.
A probate attorney files the petition with the Circuit Court, publishes the required creditor notices, prepares the inventory and accounting, handles creditor claims and tax filings, and guides the final distribution. They represent the personal representative — not the beneficiaries — a distinction that matters if a dispute develops.
FirmMonroe, WI
Serves Green, Dane, Lafayette, and Rock counties from Monroe, with a second office in New Glarus. Takes personal representatives step by step through probate after a death, and handles elder law work — Medicaid applications, crisis planning, and irrevocable trusts that protect assets from nursing home costs.
PracticesEstate PlanningProbateElder LawAsset ProtectionMedicaid Planning
FirmLa Crosse, WI
Serves the Coulee Region, western Wisconsin and southeastern Minnesota from offices in La Crosse and Sparta, rooted in a practice dating to 1900. Guides executors through Wisconsin and Minnesota probate and estate administration, and represents clients in inheritance disputes through mediation, arbitration, or court. Drafts wills, trusts, and business succession plans.
PracticesEstate PlanningProbateProbate LitigationBusiness Succession
FirmLa Crosse, WI
Serves the La Crosse and Holmen areas from offices in downtown La Crosse and Holmen. Its estate planning and elder law group handles probate and trust disputes alongside wills, trusts, and powers of attorney, and represents clients on Medicare, Medicaid, and long-term-care matters. Estate planning is one of twelve practice areas, with tax planning and succession planning for family businesses.
PracticesEstate PlanningProbateTrust LitigationElder Lawand 3 more
FirmLa Crosse, WI
Serves La Crosse, the Coulee Region and the tri-state area from Main Street. Handles uncontested probate and litigates will and trust contests, breach of fiduciary duty and beneficiary-rights disputes, along with guardianships, conservatorships, and special-needs and WisPact trusts. Consultations are offered by phone, video, or in person.
PracticesEstate PlanningProbateProbate LitigationTrust Litigationand 5 more
FirmFort Atkinson, WI
Offices in Fort Atkinson and Jefferson, in Jefferson County, among a dozen across southern Wisconsin. Its probate practice files and serves probate documents, handles intestacy proceedings, coordinates personal representatives, trustees and beneficiaries, and mediates and litigates disputes, alongside guardianship and conservatorship. Nathan Russell founded the firm in 2009.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 4 more
FirmMilwaukee, WI
Serves Wisconsin from seven offices in the state, led by Milwaukee and Madison. The Trusts and Estates group handles formal and informal probate, post-mortem trust administration, claims against estates and trusts, and estate tax returns, and represents personal representatives, trustees, and beneficiaries in will contests, trust disputes, and contested guardianships. Founded in 1904.
PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 9 more
Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.
Data sourced from Wisconsin statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Free tools for settling an estate in Wisconsin: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Wisconsin.
Settling an estate in Wisconsin: the personal representative files the estate inventory within 180 daysWis. Stat. §§ 858.01, 858.13, 858.15, 858.17Verified Sep 15, 2026View source of appointment; creditors have 4 monthsWis. Stat. §§ 859.01, 859.02, 859.07, 859.25Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
Settling a trust in Wisconsin happens outside court: the trustee acts under the state's Uniform Trust CodeWis. Stat. § 701.0101 et seq.Verified Oct 17, 2026View source, notifies the beneficiaries, then pays the debts and distributes under the trust's terms.
Wisconsin has no statewide fill-in probate petition, so the opening petition is drafted as a legal pleading, and informal probate is availableWis. Stat. Ch. 865 (informal administration by probate registrar)Verified Sep 9, 2026View source.
Browse vetted Wisconsin attorneys handling probate matters.
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Enter the estate value to see Wisconsin attorney fees, executor fees, court costs and the timeline.
General information about probate costs, not legal or financial advice. Fee bases vary by state and may use gross estate, personal property, inventory value or net property after debts. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
Enter the estate value to see whether Wisconsin lets a self-represented person open probate, what the court requires, and what each route costs.
General information about filing probate without a lawyer, not legal advice. Both routes are priced by the probate cost estimator on the same estate; the attorney fee is the one line that differs. Actual costs vary by county, attorney and estate complexity. Consult a licensed attorney for legal questions.
