Serves Winnebago, Outagamie, Fond du Lac, Green Lake, Waushara, Waupaca, Marquette, Dodge, and Brown counties from Oshkosh and Berlin, in practice since 2007. Handles probate and estate administration, including when family members disagree, alongside wills, revocable living trusts, powers of attorney, and retirement benefits planning. Attorney Nate Olson leads the practice.
What to Do When Someone Dies in Marquette County, Wisconsin
How probate works in Marquette County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Marquette County Circuit Court
Marquette County · 4th Judicial District
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
Room 205, 77 West Park Street, Montello, WI 53949
Website
Files probate
Register in Probate
E-filing
Self-represented filing
Allowed
Self-help forms
E-filing
Required for attorneysAttorneys must e-file probate cases in Wisconsin circuit courts. A self-represented filer may register to e-file or file on paper with the Register in Probate. On paper: Self-represented parties are not required to e-file and may file paper documents (Wis. Stat. § 801.18(3)(b)-(c)); The original will is filed on paper, and a will deposited for safekeeping may not be e-filed (Wis. Stat. § 801.18(9)(i)-(j)).
Self-represented filing
AllowedInformal probate does not require an attorney; formal probate does. The Register in Probate publishes Marquette County guidelines listing the forms for informal, formal, summary, special and ancillary administration, and probate staff cannot give legal advice.
County forms
- Informal Probate GuidelineLists the state forms, in order, for opening and closing an informal probate in Marquette County.
- Petition to File Will Without ProbateThe county's petition for filing an original will when no probate is opened, filed with the original will.
- Order to File Will Without ProbateProposed order filed with the petition to file a will without probate.
P.O. Box 749
Montello, WI 53949-0749
Fax
1-608-297-9107
Departments
- Register in Probate1-608-297-3009 · Takes probate filings · Room 205Handles probate, informal probate, wills, guardianships, adoptions and civil commitments, and also serves as the Clerk of Juvenile Court. The office is closed on county holidays.
About the court
- The Clerk of Courts is in Room 200 of the courthouse. Probate filings go to the Register in Probate in Room 205.
Verified October 15, 2026 · Source
How Probate Works in Marquette County
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 Marquette County, probate runs through the Circuit Court at 77 West Park Street, Montello. The court sits in the 4th Judicial District.
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 Marquette County
What probate costs in Marquette 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 77 West Park Street, Montello. The court is part of the 4th Judicial District.
Procedures at this court that affect cost: Estates are closed within 14 months of the first filing; the inventory within 6 months of appointment.
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.
How to File Probate at the Circuit Court
Probate cases in Marquette County, Wisconsin are filed at the Register in Probate of the Circuit Court. The court sits in the 4th Judicial District.
Can You File Without an Attorney?
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 Marquette County Self-Filing Assessment.
Marquette County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
A will filed without probate goes in with the county's petition and order
When no probate is opened, Marquette County asks that the original will be filed with its Petition and Order to File Will Without Probate.
SourceThe court does not accept email correspondence; fax only with prior authorization
The Marquette County circuit court does not accept email as correspondence and accepts faxed correspondence only with the court's prior authorization.
SourceWhat to Bring
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.
Death Certificates and the Medical Examiner in Marquette County
In Wisconsin a death is registered locally, and in Marquette County certified copies of the death certificate are issued by Register of Deeds, Marquette County as well as by Wisconsin Department of Health Services - Vital Records Office.
Vital Records Office Record
Register of Deeds
Marquette County · Register of Deeds
Phone
Hours
Monday-Friday 8:00 AM-noon and 12:30 PM-4:30 PM
Office
77 West Park Street, Room 106, Montello, WI 53949
Website
Certified copies
At the counter
Order online
P.O. Box 186
Montello, WI 53949
Burial and cremation permits
- Issued byWaushara County Medical Examiner
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
Medical Examiner
Marquette County · Waushara County Medical Examiner's Office
Phone
Office
430 East Division Street, Wautoma, WI 54982
Website
Serves this county
Waushara County Medical Examiner
Cremation authorization
Signed by this office
Verified November 2, 2026 · Source
Transferring Property in Marquette County
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 Marquette County are recorded with the Register of Deeds at 77 West Park Street, Room 106, Montello, WI 53949. Phone: 1-608-297-3025. Hours: Monday-Friday 8:00 AM-noon and 12:30 PM-4:30 PM.
Documents submitted by mail go to P.O. Box 186, Montello, WI 53949.
The Register of Deeds charges $30 flat, regardless of page count.
Marquette County accepts electronic recording through Simplifile, CSC, ePN, Indecomm and Hopdox.
Recording Office Record
Register of Deeds
Marquette County
Phone
Hours
Monday-Friday 8:00 AM-noon and 12:30 PM-4:30 PM
Office
77 West Park Street, Room 106, Montello, WI 53949
Website
P.O. Box 186
Montello, WI 53949
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
Forms that put a death on the title
- Free forms: Affidavit of Death Form · Affidavit of Heirship Form
Probate Attorneys Serving Marquette County
Wisconsin allows informal probate, so many families settle straightforward estates in Marquette 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 Marquette 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.
Serves Northeast Wisconsin from its Appleton main office, with appointment-only offices in Green Bay and Clintonville. Represents heirs, beneficiaries, family members, and corporate fiduciaries through probate and trust administration and counsels successor trustees. Also plans for nursing-home and long-term-care costs under Wisconsin Medicaid rules.
Solo practice on State Street in downtown Oshkosh, founded in 2018 by attorney Joe McCleer, who practices exclusively in elder law and estate planning. Handles long-term care and Medicaid planning, asset protection from nursing home costs, special needs planning for beneficiaries on SSI or Medicaid, and will- and trust-based plans, almost always on flat fees.
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.
Serves families across Wisconsin from offices in Oregon and Madison in Dane County and Brookfield in Waukesha County. Helps executors and personal representatives administer estates, from locating assets to paying debts and distributing to beneficiaries, and offers mediation and litigation for disputes among heirs. Founder Dan Krause is a Board Certified Estate Planning Law Specialist.
Serves clients throughout Wisconsin from offices in Madison, Janesville, Appleton, and Dodgeville. Advises executors on probate administration and handles trust administration, guardianships and protective placement, and litigation over contested wills and trusts, breach of fiduciary duty, undue influence, and creditor claims in estate proceedings. Founded in Madison in 1931.
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.
Legal Sources
(9)·
- Wis. Stat. § 814.66(1)(a)2.
- 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)
- Wis. Stat. §§ 859.01, 859.02, 859.07, 859.25
- 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)
- Wis. Stat. Ch. 865 (informal administration by probate registrar)
- Wis. Stat. 59.43(2)(ag)
- Marquette County Circuit Court, official page
- Marquette County Register of Deeds, official page
- Marquette County vital records and death investigation offices, official page
Data sourced from Wisconsin statutes and official state code. Fee percentages are modeled estimates; each figure's note says how. How we research.
Tools for Settling an Estate in Wisconsin
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.
How Do I Settle an Estate?
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.
See the Steps
How Do I Settle a Trust?
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.
See the Steps
Can I Self-File Probate?
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.
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