Serves Racine, Kenosha, Milwaukee, and Walworth counties from a Main Street office near the Racine County Courthouse. Attorney Rebecca Mason guides personal representatives through Wisconsin probate, represents successor trustees in trust administration, and handles guardianship and protective placement, appearing in the Racine and Kenosha County circuit courts. A solo practice since 2012.
What to Do When Someone Dies in Milwaukee County, Wisconsin
How probate works in Milwaukee County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Milwaukee County Circuit Court
Milwaukee County · 1st Judicial District
Phone
1-414-278-4444 (option 2)
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
Room 207, 901 North 9th Street, Milwaukee, WI 53233-1425
Website
Files probate
Register in Probate
E-filing
Filing in person
Walk-ins accepted
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)).
Filing in person
Walk-ins acceptedInformal probate documents are filed in person in Room 207, by mail or by e-filing. The Register in Probate reviews each filing, which can take some time, so in-person filers may call ahead.
Self-represented filing
AllowedAn informal probate can be opened without an attorney; if the Register in Probate finds informal administration is not appropriate, the filer is told that formal administration with an attorney is required. The county's informal probate page lists the forms to open and close a case.
Self-help center
- Courthouse Room G9The 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.
County forms
- Hearing Data SheetMilwaukee County probate claims form listed with the objection and pretrial forms.
- Objection to ClaimMilwaukee County form for objecting to a claim filed against an estate.
Fax
1-414-223-1814
Departments
- Register in Probate1-414-278-4444 · Takes probate filings · Room 207 · (option 2)Keeps the records of wills admitted to probate, estates, testamentary trusts, guardianships, protective placements and civil commitments, and holds wills for safekeeping. Closed or microfilmed records are viewed by appointment at 1-414-278-4452.
- Courthouse1-414-278-5362 · 901 North 9th Street
- Safety Building821 West State Street
- Vel Phillips Youth & Family Justice Center10201 West Watertown Plank Road, Wauwatosa, WI 53226-3532
About the court
- Milwaukee County is the largest circuit court in Wisconsin, with 47 judges in three buildings: the Courthouse, the Safety Building and the Vel Phillips Youth & Family Justice Center in Wauwatosa. The Clerk of Circuit Court's Civil Division is in Room 104 of the Courthouse, and probate is in Room 207.
Verified October 15, 2026 · Source
How Probate Works 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.
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 Milwaukee County
What probate costs in Milwaukee 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 901 North 9th Street, Milwaukee. The court is part of the 1st 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.
How to File Probate at the Circuit Court
Probate cases in Milwaukee County, Wisconsin are filed at the Register in Probate of the Circuit Court. The court sits in the 1st Judicial District.
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.
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 Milwaukee County Self-Filing Assessment.
Milwaukee 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
Informal probate bonds are surety bonds with a $50,000 minimum; no signature bonds
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.
SourceRecords Access
Probate records before 1985 are viewed in person only
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.
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 Milwaukee County
In Wisconsin a death is registered locally, and in Milwaukee County certified copies of the death certificate are issued by Register of Deeds, Vital Records, Milwaukee County as well as by Wisconsin Department of Health Services - Vital Records Office.
Vital Records Office Record
Register of Deeds
Milwaukee County · Register of Deeds, Vital Records
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
901 North 9th Street, Room G6, Milwaukee, WI 53233
Website
Certified copies
At the counter, issued while you wait
Order online
Local rule
- The office issues Wisconsin death certificates for deaths from September 1, 2013, and holds Milwaukee County death records from 1872. In-person orders are placed at a kiosk and carry a service fee beyond the state fee.
Burial and cremation permits
- Issued byMilwaukee County Medical Examiner's Office
Certified copy fees
| First certified copy | $20 |
| Each additional copy ordered at the same time | $3 |
Verified November 1, 2026 · Source
Coroner or Medical Examiner Record
Medical Examiner
Milwaukee County · Milwaukee County Medical Examiner's Office
Phone
Office
9400 West Doyne Avenue, Wauwatosa, WI 53226
Website
Cremation authorization
Signed by this office
Mail and offices
Fax
1-414-223-1237
Verified November 1, 2026 · Source
Transferring Property in Milwaukee 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 Milwaukee County are recorded with the Register of Deeds at 901 North 9th Street, Room 103, Milwaukee, WI 53233. Phone: 1-414-278-4021. Hours: Monday-Friday 8:00 AM-4:00 PM.
The Register of Deeds charges $30 flat, regardless of page count.
Milwaukee County accepts electronic recording through Simplifile, CSC and ePN.
Recording Office Record
Register of Deeds
Milwaukee County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
901 North 9th Street, Room 103, Milwaukee, WI 53233
Website
E-recording
Fees
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 Milwaukee County
Wisconsin allows informal probate, so many families settle straightforward estates in Milwaukee 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 Milwaukee 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 Milwaukee, Waukesha, and Madison from Reinhart's Wisconsin offices. The Trusts and Estates group counsels trustees and personal representatives through administration, handles probate court filings and hearings, and prepares estate and fiduciary income tax returns; its fiduciary litigation attorneys handle will and trust contests and fiduciary removal actions. Founded in 1894.
Serves West Bend and Washington County, plus Dodge, Sheboygan, Milwaukee, Ozaukee, Fond du Lac, and Waukesha counties. Guides personal representatives and successor trustees through formal and informal probate and trust administration, and handles will and trust contests involving undue influence, lack of capacity, or breach of fiduciary duty. Practicing in West Bend since 1933.
Serves Ozaukee, Milwaukee, Washington, Sheboygan, and Waukesha counties from Mequon, with a Sheboygan office by appointment. Handles probate, trust administration fiduciary litigation when an estate or trust ends up in court, and guardianships, including challenges to a guardian. The firm concentrates on elder and special needs law; the first meeting is billed hourly.
Serves Milwaukee families from its office on East Erie Street. Guides estate administrators through probate for the assets that require it, administers trusts under an existing estate plan, and works to head off disagreements among family members. The firm also handles elder and disability law, public benefits planning, guardianships, and same-sex estate planning.
Serves Milwaukee and Waukesha County families from downtown Milwaukee, with a second office in Brookfield. Counsels personal representatives, trustees, and beneficiaries through probate and trust administration, and litigates or mediates will contests, undue influence claims, and breach-of-fiduciary-duty disputes. Founder Eido Walny holds the Estate Planning Law Specialist credential.
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)
- Milwaukee County Circuit Court, official page
- Milwaukee County Register of Deeds, official page
- Milwaukee 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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