Serves the Fox Valley from Appleton, with offices in Green Bay and Oshkosh. Handles probate and trust administration for personal representatives and successor trustees, alongside elder law, Medicaid and nursing home asset protection planning. New clients start with a two-hour initial consultation at no charge.
What to Do When Someone Dies in Winnebago County, Wisconsin
How probate works in Winnebago County: the Circuit Court record, what the process costs, and how to file there.
Probate Court Record
Winnebago County Circuit Court
Winnebago County · 4th Judicial District
Phone
Hours
Monday-Friday 8:00 AM-noon and 1:00 PM-4:30 PM
Office
Room 242, 415 Jackson Street, Oshkosh, WI 54901
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)).
P.O. Box 2808
Oshkosh, WI 54903
Fax
1-920-424-7536
Departments
- Register in Probate1-920-236-4833 · Takes probate filings · Room 242 · Monday-Friday 8:00 AM-noon and 1:00 PM-4:30 PMThe Register in Probate and Juvenile Court office handles estate filings, guardianships, commitments, terminations of parental rights and adoptions. The office cannot give legal advice.
About the court
- The Clerk of Circuit Court is on the first floor and the Register in Probate in Room 242 of the courthouse at 415 Jackson Street. The clerk's office is closed on occasional Thursday mornings for staff meetings and opens by 9:00 a.m. on those days.
Verified October 16, 2026 · Source
How Probate Works in Winnebago 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 Winnebago County, probate runs through the Circuit Court at 415 Jackson Street, 1st Floor, Oshkosh. The court sits in the 4th 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 Winnebago County
What probate costs in Winnebago 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 415 Jackson Street, 1st Floor, Oshkosh. The court is part of the 4th 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 Winnebago County, Wisconsin are filed at the Register in Probate of the Circuit Court. The court sits in the 4th 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 Winnebago County Self-Filing Assessment.
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 Winnebago County
In Wisconsin a death is registered locally, and in Winnebago County certified copies of the death certificate are issued by Register of Deeds, Winnebago County as well as by Wisconsin Department of Health Services - Vital Records Office.
Vital Records Office Record
Register of Deeds
Winnebago County · Register of Deeds
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
112 Otter Avenue, Room 108, Oshkosh, WI 54901
Website
Certified copies
At the counter
Order online
P.O. Box 2806
Oshkosh, WI 54903-2806
Burial and cremation permits
- Issued byWinnebago 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
Winnebago County · Winnebago County Medical Examiner's Office
Phone
Hours
Monday-Friday 8:00 AM-2:00 PM
Office
4361 Jackson Street, Oshkosh, WI 54901
Website
Release of remains
1-920-561-2125 · On-call medical examiner through the dispatch line · 24 hours a day, 7 days a week
Cremation authorization
Signed by this office
Mail and offices
Fax
1-920-424-7524
Verified November 2, 2026 · Source
Transferring Property in Winnebago 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 Winnebago County are recorded with the Register of Deeds at 112 Otter Avenue, Room 108, Oshkosh, WI 54901. Phone: 1-920-232-3390. Hours: Monday-Friday 8:00 AM-4:30 PM.
Documents submitted by mail go to P.O. Box 2806, Oshkosh, WI 54903-2806.
The Register of Deeds charges $30 flat, regardless of page count.
Winnebago County accepts electronic recording through CSC, ePN, Indecomm, Simplifile and Hopdox.
Recording Office Record
Register of Deeds
Winnebago County
Phone
Hours
Monday-Friday 8:00 AM-4:30 PM
Office
112 Otter Avenue, Room 108, Oshkosh, WI 54901
Website
P.O. Box 2806
Oshkosh, WI 54903-2806
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 Winnebago County
Wisconsin allows informal probate, so many families settle straightforward estates in Winnebago 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 Winnebago 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 Winnebago, Outagamie, Fond du Lac, Green Lake, Waushara, Waupaca, Marquette, Dodge, and Brown counties from Oshkosh and Berlin, in practice since 2007. Handles probate and estate administration, including when family members disagree, alongside wills, revocable living trusts, powers of attorney, and retirement benefits planning. Attorney Nate Olson leads the practice.
Solo practice on State Street in downtown Oshkosh, founded in 2018 by attorney Joe McCleer, who practices exclusively in elder law and estate planning. Handles long-term care and Medicaid planning, asset protection from nursing home costs, special needs planning for beneficiaries on SSI or Medicaid, and will- and trust-based plans, almost always on flat fees.
Serves Northeast Wisconsin from its Appleton main office, with appointment-only offices in Green Bay and Clintonville. Represents heirs, beneficiaries, family members, and corporate fiduciaries through probate and trust administration and counsels successor trustees. Also plans for nursing-home and long-term-care costs under Wisconsin Medicaid rules.
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.
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.
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)
- Winnebago County Circuit Court, official page
- Winnebago County Register of Deeds, official page
- Winnebago 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.
