Estate Planning & Probate in Milwaukee County, Wisconsin
Milwaukee County estate questions split two ways—planning so your family skips probate, or settling an estate that is already in it. Start with your situation below; both paths use Milwaukee County's actual court and recording details.
Someone died — settling an estate
Filing probate at the Circuit Court, what it costs, transferring property, and local attorneys.
What to do when someone dies in Milwaukee County →Planning ahead as a property owner
Keep a Milwaukee County home out of probate with a transfer-on-death deed or a living trust.
Estate planning in Milwaukee County →The Probate Process in Milwaukee 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 Milwaukee County, probate runs through the Circuit Court at 901 North 9th Street, Milwaukee. The court sits in the 1st Judicial District.
Full Milwaukee County probate guide: cost, how to file & attorneys →Probate Court Record
Milwaukee County Circuit Court
Milwaukee County · 1st Judicial District
Phone
Hours
Office
Website
Files probate
E-filing
Filing in person
Self-represented filing
Self-help forms
How to file probate in Milwaukee County →
Verified October 15, 2026 · Source
Recording Office Record
Register of Deeds
Milwaukee County
Phone
Hours
Office
Website
Recording fee
E-recording
Verified October 17, 2026 · Source
Vital Records Office Record
Register of Deeds
Milwaukee County · Register of Deeds, Vital Records
Phone
Hours
Office
Website
Certified copies
Order online
Certified copy fee
Full death certificate details →
Verified November 1, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
Milwaukee County · Milwaukee County Medical Examiner's Office
Phone
Office
Website
Cremation authorization
Full coroner or medical examiner details →
Verified November 1, 2026 · Source
Local Procedures at the Circuit Court
The Milwaukee Justice Center is the self-help center on the ground floor of the courthouse, near the Wells Street security checkpoint, for people without an attorney. Its Marquette Volunteer Legal Clinics give free, brief legal advice on probate and other civil matters.
Milwaukee County does not accept signature bonds in informal probate. A bond is required in every informal probate without a will, the county minimum is $50,000, and a self-represented filer is likely to need some bond even when the will waives it. Heirs may pledge their shares as excess surety to reduce the bond above the minimum. Records created before 1985 are viewed only in person in Room 207; records from 1985 to June 1, 2003 are in person or on Wisconsin Circuit Court Access, and later records are online only. A mailed search request needs a self-addressed, stamped envelope and prepayment.
Forms for Planning and Settling an Estate in Wisconsin
Free Wisconsin forms to plan or settle an estate: a will, trust, powers of attorney, TOD deed and the probate forms. Prepare each form for Wisconsin.
Last Will and Testament
In Wisconsin, a will is signed before 2Wis. Stat. § 853.03Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyWis. Stat. § 853.03Verified Oct 19, 2026View source.
Revocable Living Trust
Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.
Pour-Over Will
In Wisconsin, a pour-over will is signed before 2Wis. Stat. § 853.03Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.
Healthcare Power of Attorney
Wisconsin requires 2Wis. Stat. § 155.30Verified Jul 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredWis. Stat. § 155.30Verified Jul 15, 2026View source.
Financial Power of Attorney
Wisconsin treats a power of attorney as durable by defaultWis. Stat. § 244.05Verified Sep 20, 2026View source, and it is signed with no witness or notary requirementWis. Stat. § 244.05Verified Sep 20, 2026View source.
Tools for Planning and Settling an Estate in Wisconsin
Free calculators and checklists to plan or settle an estate in Wisconsin: will and trust costs, probate, executor pay 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.
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.
Do I Need Probate?
In Wisconsin, estates valued at $50,000small estate: § 867.03Verified Sep 9, 2026View source or less skip probate with the Transfer by Affidavitsmall estate: § 867.03Verified Sep 9, 2026View source.
Who Inherits Without a Will?
Without a will in Wisconsin, a surviving spouse takes the entire estateWis. Stat. § 852.01Verified Oct 21, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesWis. Stat. § 852.01(1)(b); Wis. Stat. § 854.04(1)Verified Oct 21, 2026View source.
How Much Does Probate Cost?
Probate on a $500,000 estate in Wisconsin costs an estimated $22,090Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys)Verified Sep 9, 2026View source. Attorney fees run 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 the estate under a reasonable-compensation standard.
Wisconsin Estate Planning Articles
Articles about estate planning, probate, and trusts relevant to families in Milwaukee County.
Is this your situation?
Get a complete guide for your specific circumstances.
