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 Walworth County, Wisconsin
How probate works in Walworth County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Walworth County Circuit Court
Walworth County · 2nd Judicial District
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
Room 2085, 1800 County Trunk NN, Elkhorn, WI 53121
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 can proceed without an attorney when its conditions are met, while formal probate requires one. The Probate Registrar answers questions on preparing forms but cannot give legal advice.
P.O. Box 1001
Elkhorn, WI 53121-1001
Fax
1-262-741-7002
Departments
- Register in Probate1-262-741-7014 · Takes probate filings · Room 2085The Register in Probate keeps the probate and guardianship records and the wills filed for safekeeping, and the Probate Registrar administers informal probate. An informal probate packet with a handbook is available in Room 2085.
About the court
- The Clerk of Circuit Court and the Register in Probate are in the Walworth County Judicial Center, with the Register in Probate in Room 2085.
Verified October 16, 2026 · Source
How Probate Works in Walworth 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 Walworth County, probate runs through the Circuit Court at 1800 County Trunk NN, Elkhorn. The court sits in the 2nd Judicial District. The same 2nd Judicial District also serves Kenosha and Racine.
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 Walworth County
What probate costs in Walworth 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 1800 County Trunk NN, Elkhorn. The court is part of the 2nd 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 Walworth County, Wisconsin are filed at the Register in Probate of the Circuit Court. The court sits in the 2nd 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 Walworth County Self-Filing Assessment.
Walworth 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
Hearing dates are assigned only after the pleadings are filed.
Under the local court rule, probate and guardianship pleadings are filed with the Probate Office before a court date is assigned.
SourceA claim against an estate is notarized before it is filed.
A claim form is notarized and filed in the Probate Office with the filing fee.
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 Walworth County
In Wisconsin a death is registered locally, and in Walworth County certified copies of the death certificate are issued by Register of Deeds, Walworth County as well as by Wisconsin Department of Health Services - Vital Records Office.
Vital Records Office Record
Register of Deeds
Walworth County · Register of Deeds
Phone
Hours
Monday-Friday 8:00 AM-4:15 PM
Office
100 West Walworth Street, Room 102, Elkhorn, WI 53121
Website
Certified copies
At the counter, issued while you wait
Order online
P.O. Box 1001
Elkhorn, WI 53121
Fax
1-262-741-4947
Burial and cremation permits
- Issued byWalworth County Medical Examiner's Office
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
Walworth County · Walworth County Medical Examiner's Office
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
1770 County Road NN, Elkhorn, WI 53121
Website
Cremation authorization
Signed by this office
Mail and offices
Fax
1-262-741-4487
Verified November 2, 2026 · Source
Transferring Property in Walworth 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 Walworth County are recorded with the Register of Deeds at 100 West Walworth Street, Room 102, Elkhorn, WI 53121. Phone: 1-262-741-4233. Hours: Monday-Friday 8:00 AM-4:30 PM.
Documents submitted by mail go to P.O. Box 1001, Elkhorn, WI 53121.
The Register of Deeds charges $30 flat, regardless of page count.
Walworth County accepts electronic recording through CSC, ePN, Indecomm, Hopdox and Simplifile.
Recording Office Record
Register of Deeds
Walworth County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
100 West Walworth Street, Room 102, Elkhorn, WI 53121
Website
P.O. Box 1001
Elkhorn, WI 53121
Fax
1-262-741-4947
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 Walworth County
Wisconsin allows informal probate, so many families settle straightforward estates in Walworth 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 Walworth 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 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.
Serves the Milwaukee area from Mayfair Road, with a second office in West Bend. A division of Karp & Iancu, S.C. that drafts wills, revocable trusts, powers of attorney, healthcare directives, and asset-protection and business succession plans at flat fees published on its site, with consultations and drafting available by Zoom or phone.
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.
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.
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)
- Walworth County Circuit Court, official page
- Walworth County Register of Deeds, official page
- Walworth 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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