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.
What to Do When Someone Dies in Waukesha County, Wisconsin
How probate works in Waukesha County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Waukesha County Circuit Court
Waukesha County · 3rd Judicial District
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
Probate Division, Room 0-0800, 515 West Moreland Boulevard, Waukesha, WI 53188
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
AllowedThe county posts form packets for informal, formal and special administration, summary assignment, summary settlement and adult adoption, with each form in PDF and Word.
Fax
1-262-548-7546
Departments
- Register in Probate1-262-548-7468 · Takes probate filings · Probate Division, Room 0-0800The Probate Court information line reaches the Register in Probate, which opens, closes and keeps every probate file. Informal administration is heard by the Register or a deputy register, and every other probate procedure is heard by a judge or court commissioner.
About the court
- The Register in Probate is in the Probate Division, Room 0-0800, of the Waukesha County Courthouse.
Verified October 16, 2026 · Source
How Probate Works in Waukesha 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 Waukesha County, probate runs through the Circuit Court at 515 West Moreland Boulevard, Waukesha. The court sits in the 3rd Judicial District. Waukesha County shares the 3rd Judicial District with Dodge, Jefferson, Ozaukee and Washington.
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 Waukesha County
What probate costs in Waukesha 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 515 West Moreland Boulevard, Waukesha. The court is part of the 3rd 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 Waukesha County, Wisconsin are filed at the Register in Probate of the Circuit Court. The court sits in the 3rd 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 Waukesha County Self-Filing Assessment.
Waukesha 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
Faxed probate filings follow Probate Division Local Rule 2.3.
Probate staff email addresses take inquiries only, and filings are not accepted by email. A document faxed to the Probate Court is governed by Probate Division Local Rule 2.3 on facsimile transmission.
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 Waukesha County
In Wisconsin a death is registered locally, and in Waukesha County certified copies of the death certificate are issued by Register of Deeds, Waukesha County as well as by Wisconsin Department of Health Services - Vital Records Office.
Vital Records Office Record
Register of Deeds
Waukesha County · Register of Deeds
Phone
Hours
Monday-Friday 8:30 AM-3:30 PM
Office
515 West Moreland Boulevard, Room AC110, Waukesha, WI 53188
Website
Certified copies
At the counter, issued while you wait
Order online
Fax
1-262-548-7576
Local rule
- The office takes no orders over the phone or by email.
Burial and cremation permits
- Issued byWaukesha 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
Waukesha County · Waukesha County Medical Examiner's Office
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
515 West Moreland Boulevard, Waukesha, WI 53188
Website
Cremation authorization
Signed by this office
Mail and offices
Fax
1-262-896-8079
Verified November 2, 2026 · Source
Transferring Property in Waukesha 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 Waukesha County are recorded with the Register of Deeds at 515 West Moreland Boulevard, Room AC110, Waukesha, WI 53188. Phone: 1-262-548-7585. Hours: Monday-Friday 8:00 AM-4:00 PM.
The Register of Deeds charges $30 flat, regardless of page count.
Waukesha County accepts electronic recording through Simplifile, CSC, ePN, Indecomm and Hopdox.
Recording Office Record
Register of Deeds
Waukesha County
Phone
Hours
Monday-Friday 8:00 AM-4:00 PM
Office
515 West Moreland Boulevard, Room AC110, Waukesha, WI 53188
Website
Fax
1-262-548-7576
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 Waukesha County
Wisconsin allows informal probate, so many families settle straightforward estates in Waukesha 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 Waukesha 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 Waukesha County, including Brookfield and Oconomowoc, from Pewaukee Road in Waukesha. Handles probate administration from court filings through distribution, assists trustees with accountings, taxes, and distributions, and adds Title 19 planning, special needs trusts, and guardianship guidance. Attorney Matthew DeMark pairs the legal work with tax preparation.
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 Waukesha County and southeastern Wisconsin from its Moreland Boulevard office in Waukesha. Represents personal representatives and trustees in probate and trust administration, advises them during will contests and beneficiary disputes, and handles estate and trust litigation, guardianships and conservatorships for disabled adults, and Medicaid planning. In Waukesha for more than 35 years.
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 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)
- Waukesha County Circuit Court, official page
- Waukesha County Register of Deeds, official page
- Waukesha 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.
Get the Answer
Hire a Wisconsin Probate Attorney
Browse vetted Wisconsin attorneys handling probate matters.
Browse firms
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
Is this your situation?
Get a complete guide for your specific circumstances.
