Dane County
Probate Court
In Wisconsin, estates are probated in the Circuit Court (Probate Division / Register in Probate). This page gathers where to file in Dane County, the state rules that apply, and where every detail comes from.
located via OpenStreetMap
Where to file in Dane County
- Handled by
- Circuit Court (Probate Division / Register in Probate)In Wisconsin, probate is administered by the County Circuit Court and the Register in Probate in each of the 72 counties. Wisconsin offers informal administration handled directly by the Register in Probate.
- Probate office
- Dane County Register in Probate 215 S Hamilton St, Room 1005, Madison, WI 53703 (608) 266-4331 Checked on the court's website, Sept 2026 · courts.danecounty.gov
- County building
- Dane County Courthouse 215 South Hamilton Street, Madison, WI 53703 OpenStreetMap · view the map entry
- Phone
- (608) 266-4331court website
- Opening hours
- Not published in an open source. Check the court or county website before you go.
- County website
- rod.countyofdane.comcounty website
- Court website
- courts.danecounty.gov/Prepare/Probate
- State courts & e-filing
- wicourts.govCase search: Wisconsin Circuit Court Access (WCCA / CCAP)
How probate runs in Dane County
Six stages, with the Wisconsin rules that set the pace.
- 01
Secure the original will
Find the original signed will and order certified death certificates. Wisconsin deadline: Custodian must file the will with the court or deliver to the named PR within 30 days after knowledge of death; named PR must file within 30 days after learning of nomination (Wis. Stat. § 856.05).
- 02
Pick the right track
If the probate estate is under $50,000, a small-estate procedure (Wis. Stat. § 867.03 (Transfer by Affidavit)) may avoid full administration.
- 03
Petition the court
File the petition with the Circuit Court (Probate Division / Register in Probate) for Dane County. The court appoints the executor or administrator and issues letters.
- 04
Inventory the estate
Open an estate bank account (the IRS issues the EIN), list assets at date-of-death values and file the inventory if the court requires it.
- 05
Notify creditors
Publish or send notice to creditors. Window: Deadline set by court order: not less than 3 nor more than 4 months from the date of the order.
- 06
Account and distribute
Pay debts, taxes and fees (Wis. Stat. § 857.05), file the final account if required, distribute to heirs and ask to close the estate.
Where to get help.
We don't sell leads or take referral fees. Eligibility, availability and fees depend on the provider; confirm them directly.
- 01 Wisconsin courts — self-help & formsOfficial judiciary website: forms, filing rules and e-filing.
- 02 Legal aid directory — LawHelp.orgNonprofit directory of free and low-cost legal aid by state, including probate and estates.
- 03 Find a probate lawyer — American Bar AssociationState-by-state links to bar lawyer-referral services and pro bono programs.
Wisconsin rules that apply here
Probate law is state law — these apply in all 72 Wisconsin counties.
- Small estates
- $50,000 gross value of property subject to administration in Wisconsin; heirs/trustee/guardian may transfer real property by affidavit (a named PR who is not an heir cannot); DHS notice required if Medicaid/long-term care receivedWis. Stat. § 867.03 (Transfer by Affidavit)
- Filing the will
- Custodian must file the will with the court or deliver to the named PR within 30 days after knowledge of death; named PR must file within 30 days after learning of nomination (Wis. Stat. § 856.05)
- Creditor claims
- Deadline set by court order: not less than 3 nor more than 4 months from the date of the orderWis. Stat. § 859.01
- Executor fees
- 2% of inventory value less mortgages/liens plus net principal gains (or a written agreed rate), plus court-approved sums for unusual difficulty/extraordinary servicesWis. Stat. § 857.05 · estimate the fee
- Handwritten wills
- Not recognized without witnesses. Wisconsin does NOT recognize unwitnessed handwritten wills (Wis. Stat. § 853.03 requires two witnesses).
- Estate tax
- No state estate tax.Wisconsin repealed its state estate tax effective January 1, 2008.
- Inheritance tax
- No.No state inheritance tax in Wisconsin.
- Typical duration
- 6 to 12 monthsA lawyer is not required by statute, though most formal estates use one.
Rules re-checked Sept 2026 against: docs.legis.wisconsin.gov (statute) · docs.legis.wisconsin.gov (statute) · docs.legis.wisconsin.gov (statute) · docs.legis.wisconsin.gov (statute)