What to Do When Someone Dies in Marquette County, Wisconsin
Probate in Marquette County runs through the Circuit Court: prove the will, settle the debts, and pass the house to the heirs. Here is how the local process works—and what each step actually costs.
When someone dies in Marquette County, settling their estate runs through the Circuit Court. This page covers the court record, whether probate is required, what it costs, how to file, transferring property, and the local attorneys who handle probate here.
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 W Park St, Montello. The court sits in the 4th Judicial District. The same 4th Judicial District also serves Calumet, Fond Du Lac, Manitowoc, Sheboygan and Winnebago.
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. The 4 monthsWis. Stat. § 859.01 (3-4 month deadline set by court)Verified Sep 9, 2026View source creditor claim window is the largest fixed piece of that timeline — a mandatory wait regardless of how simple the estate is.
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 W Park St, Montello. The court is part of the 4th Judicial District.
Probate matters are handled through the Register in Probate. Filing and payment go through these offices, not the main clerk window.
Wisconsin charges 0.2% of the net probate estate, minimum $20Wis. Stat. § 814.66(1)(a)2.Verified Sep 9, 2026View source to open probate, the same in every county. Additional filings during administration — inventory, accounting, the final petition — add to the total.
The Circuit Court accepts e-filing (https://efiling.wicourts.gov). Paper filing remains available for self-represented filers.
Estimate the costs for this estate:
Attorney fees in Wisconsin are negotiated, typically 1.8%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 — estate value may not be the controlling factor)Verified Sep 9, 2026View source to 2.9%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 — estate value may not be the controlling factor)Verified Sep 9, 2026View source of estate value. Flat-fee arrangements are common for straightforward estates.
Executor compensation is also statutory in Wisconsin. Family executors who are also beneficiaries often waive the fee — executor pay is taxable income while inheritances are not.
Wisconsin requires publishing creditor notice in a local newspaper, typically $200–$500. Professional appraisals for real estate or business interests add $300–$600 per asset.
A surety bond may be required unless the will waives it or all beneficiaries consent. Premiums run roughly 0.5%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 documents in Marquette 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 4th Judicial District.
Filings here are routed through the Register in Probate. Confirm with the office which intake handles the petition type you're filing.
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.
Not every estate requires an attorney. Estate size, asset types, and whether beneficiaries agree determine if self-filing at the Circuit Court is realistic.
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.
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, led by Nicole Ziebell, at 77 W Park St, Room 106, Montello, WI 53949. Phone: 608-297-3025. Hours: Monday - Friday, 8:00 AM - 4:30 PM (closed 12:00 PM - 12:30 PM).
Documents submitted by mail go to PO Box 186, Montello, WI 53949.
The Register of Deeds charges $30 flat, regardless of page count.
Marquette County accepts electronic recording through Simplifile, CSC eRecording Solutions, ePN (eRecording Partners Network), Indecomm Global Services, Hopdox.
Recording Office Record
Register of Deeds
Marquette County · Nicole Ziebell
Address
77 W Park St, Room 106Montello, WI 53949Mailing: PO Box 186, Montello, WI 53949
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 — typically 1.8%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 — estate value may not be the controlling factor)Verified Sep 9, 2026View source to 2.9%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 — estate value may not be the controlling factor)Verified Sep 9, 2026View source of the estate's value, 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 Winnebago, Outagamie, Fond du Lac, Green Lake, Waushara, Waupaca, Marquette, Dodge, and Brown counties from downtown Oshkosh, with a second office in Berlin. Handles probate — including the complications that surface when family members disagree — alongside wills, trusts, and business succession planning. Founded in 2007 by attorney Nathan Olson.
Serves the Fox Valley and Northeast Wisconsin from Appleton, with offices in Green Bay and Oshkosh. Handles probate and estate settlement alongside elder law, Medicaid and long-term care planning, and asset protection, with accounting, financial planning, and insurance professionals working beside the attorneys. New clients start with a two-hour initial consultation at no charge.
PracticesEstate PlanningProbateElder LawSpecial Needs Planningand 4 more
Serves Northeast Wisconsin from Appleton, with offices in Green Bay and Clintonville. Represents heirs, beneficiaries, family members, and corporate fiduciaries at every step of probate or trust administration — carrying out the decedent's wishes, paying estate debts, and settling the estate under the will or Wisconsin law — alongside elder law and Medicaid planning.
PracticesEstate PlanningProbateElder LawAsset Protectionand 3 more
Office
5740 Grande Market Drive, Suite DAppleton, WI 54913
Serves Oshkosh and Winnebago County from State Street, with a practice limited to elder law and estate planning. Handles long-term care and Medicaid planning, special needs planning, disability planning, and farm succession, plus young-family planning. Consultations are free.
Serves the Fox Valley and Northeast Wisconsin from Appleton and Green Bay. Helps personal representatives work through probate and protects beneficiaries' interests in disputes over estate administration, and drafts the wills and trusts behind the plan. Estate consultations are offered at no charge.
PracticesEstate PlanningProbateElder LawGuardianshipand 2 more
Office
2400 S. Kensington Drive, Suite 100Appleton, WI 54915
Serves clients across Wisconsin from Mayfair Road in Milwaukee, with a second office in West Bend. A division of Karp & Iancu, S.C. handling wills, revocable trusts, powers of attorney, healthcare directives, and asset-protection planning, with plan pricing published up front on its site.
PracticesEstate PlanningProbateAsset ProtectionHealthcare Directivesand 3 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.
Living trust assets, and accounts with a named beneficiary or surviving joint owner. These skip probate; some states charge the court fee only on what remains.
Enter estate details
Select your state and enter an estate value to see a detailed cost estimate.
Quick examples:
Probate fee bases vary by state and may use gross estate, personal property, inventory value, or net property after debts. This calculator provides educational estimates only and does not constitute legal or financial advice. Actual costs vary significantly by county, attorney, and estate complexity. Consult a licensed attorney in your state for guidance specific to your situation.
$
Total probate assets (exclude beneficiary-designated accounts)
Can you self-file probate?
Enter your state and estate value to get a personalized recommendation with estimated cost savings.
Score-based assessment with reasoning
Cost comparison vs. hiring an attorney
This tool provides general information about self-filing probate and is not legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Marquette County Guides
Step-by-step tools for families in Marquette County, Wisconsin.
