What to Do When Someone Dies in Rock County, Wisconsin

How probate works in Rock County: the Circuit Court record, what the process costs, and how to file there.

Probate Court Record

Rock County Circuit Court

Rock County · 5th Judicial District

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

Floor 3R, 51 South Main Street, Janesville, WI 53545

Files probate

Register in Probate

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 administration may be granted without an attorney. Probate forms are on the Wisconsin court system's statewide forms list, and clerk staff help with procedural questions but cannot give legal advice.

Verified October 16, 2026 · Source

How Probate Works in Rock 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 Rock County, probate runs through the Circuit Court at 51 South Main Street, Janesville. The court sits in the 5th Judicial District. Rock County shares the 5th Judicial District with Columbia, Dane, Green, Lafayette 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 Rock County

What probate costs in Rock 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 51 South Main Street, Janesville. 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.

How to File Probate at the Circuit Court

Probate cases in Rock County, Wisconsin are filed at the Register in Probate of the Circuit Court. The court sits in the 5th 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 Rock County Self-Filing Assessment.

Rock 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

Probate cases are filed in the office of the Register in Probate (Local Rule 101)

Under Rock County Circuit Court Rule 101, probate, guardianship, conservatorship and commitment cases are filed in the office of the Register in Probate, not at the Clerk of Circuit Court's office.

Source

The Circuit Court does not accept correspondence by email

The Rock County Circuit Court does not accept correspondence by email. Clerk filings go in person, by mail or in the drop boxes in the courthouse lobby and on the second floor, with the filing fee attached by check or money order.

Source

What 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 Rock County

In Wisconsin a death is registered locally, and in Rock County certified copies of the death certificate are issued by Register of Deeds, Rock County as well as by Wisconsin Department of Health Services - Vital Records Office.

Vital Records Office Record

Register of Deeds

Rock County · Register of Deeds

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

51 South Main Street, Janesville, WI 53545

Certified copies

At the counter

Fax

1-608-757-5563

Verified November 2, 2026 · Source

Coroner or Medical Examiner Record

Medical Examiner

Rock County · Rock County Medical Examiner's Department

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

3506 U.S. Highway 51, Building B, Janesville, WI 53545

Cremation authorization

Signed by this office

Mail and offices

Fax

1-608-758-8438

Verified November 2, 2026 · Source

Transferring Property in Rock 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 Rock County are recorded with the Register of Deeds at 51 South Main Street, Janesville, WI 53545. Phone: 1-608-757-5650. Hours: Monday-Friday 8:00 AM-4:30 PM.

The Register of Deeds charges $30 flat, regardless of page count.

Rock County accepts electronic recording through CSC, ePN, Indecomm, Simplifile and Hopdox.

Recording Office Record

Register of Deeds

Rock County

Hours

Monday-Friday 8:00 AM-4:30 PM

Office

51 South Main Street, Janesville, WI 53545

Fax

1-608-757-5563

Verified October 17, 2026 · Source

Forms that put a death on the title

Probate Attorneys Serving Rock County

Wisconsin allows informal probate, so many families settle straightforward estates in Rock 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 Rock 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 southern Wisconsin from a Beloit office in Rock County, a satellite of its main office in Pecatonica, Illinois. Guides executors and administrators through probate: court approval, filing the will, locating assets, paying creditors and estate taxes, and distributing property, with counsel in negotiations or in court when beneficiaries dispute. Locally owned since 1985.

Since 1985Serves 1 countyFree consultationEstate PlanningProbateTax PlanningConservatorshipGuardianship

Serves Rock and Green counties from East Court Street in Janesville and Brodhead, in practice since 1957. Represents personal representatives and trustees from simple probate to complex trust administration, and handles will and trust contests, claims of fiduciary misconduct, and beneficiary disputes. Estate work is led by Michael A. Faust and Holly D. Jensen.

Since 1957Serves 2 countiesEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation

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.

Since 2009Serves 9 countiesEstate PlanningTrust AdministrationProbateProbate LitigationElder Law+3

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.

Serves 4 countiesEstate PlanningProbateElder LawAsset ProtectionMedicaid Planning

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.

Since 1904Serves the whole stateEstate PlanningTrust AdministrationProbateProbate LitigationTrust Litigation+8

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.

Since 1999Serves the whole stateFree consultationEstate PlanningProbateProbate LitigationElder LawTax Planning+5

See all 17 firms serving Rock County →

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)·

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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