Probate

Probate is the legal process for the orderly transfer of a decedent’s assets to those who are entitled to them. The probate process ensures that notice is given to all interested parties and that all debts, taxes and expenses are paid. It also ensures that the estate property is protected and distributed either in accordance with the testator’s last will and testament or to the heirs at law as determined by statute. Special protections are given to minors and incompetent persons.

Download a guide to filing probate in Dodge County

Probate Fees

Reference	Type of Fee	Fee
Sec. 814.66(1)(a2)	Inventory Filing Fee for estate valued at $10,000 or less	$20.00
Sec. 814.66(1)(a)2	Inventory Filing Fee for estate valued at more than $10,000	0.2% of the value of property subject to administration, less encumbrances, liens or charges
Sec. 814.66(1)(b)2	Guardianship of Estate or Conservatorship if the value of property is less than $50,000	$20.00
Sec. 814.66(1)(b)2	Guardianship of Estate or Conservatorship if the value of property is more than $50,000	0.2% of the value of the property, less encumbrances, liens or charges
Sec. 814.66(1)(b)3(c)	Certificate Terminating Life Estate	$3.00
Sec. 814.66(1)(b)3(d)	Certificate or judgment of descent of lands	0.2% of the value of property subject to administration, less encumbrances, liens or charges
Sec. 814.66(1)(b)3(e)	Objection to Probate of Will	$20.00
Sec. 814.66(1)(b)3(f)	Will for Safekeeping Pursuant to Wis. Stat. §853.09, you, the testator, may deposit your Will for “safekeeping” with the Register in Probate of the court of the county where you reside. There is a statutory fee of $10.00 for this service. The Will must be in a sealed envelope with your name and address noted on the outside of the envelope. Please also submit a self-addressed, stamped envelope and the Register in Probate will provide you a receipt at the time of deposit. If you need to withdraw your original Will, you will need to provide the original Receipt that was given to you at the time of the deposit and photo identification. The original Will can only be removed by you, the testator, personally or by a person authorized by you, the testator, by a writing signed by you, the testator, and two (2) witnesses, other that the person who will be withdrawing the will from safekeeping.	$10.00
Sec. 814.66(1)(b)3(g)	Certificate signed by Register in Probate or a Circuit Court Judge	$3.00
Sec. 814.66(1)(b)3(h)	Copies, certified or otherwise	$1 per page
Sec. 814.66(1)(b)3(i)	Claim Against Estate	$3.00
Sec. 814.66(1)(b)3(j)	Searching for file or record when case number is not given	$4.00
Sec. 814.66(1)(b)3(k)	Power of Attorney for Health Care for Safekeeping	$8.00
Sec. 814.66(1)(b)3(l)	Declaration for Safekeeping	$8.00
Sec. 814.66(1)(b)3(m)	Petition to commence an independent action (Petition for Grandparent Visitation)	$60.00
Sec. 814.66 (1)(o)	Fee for filing a trust	$250

Transfer by Affidavit

There is a method to transfer a decedent’s assets without a court supervised administration, called "Transfer by Affidavit,” for estates having a value of $50,000 or less. The State Bar of Wisconsin maintains and updates this form and you can find the guide for the forms at PR-1831. The person who completes and uses this form has certain legal responsibilities and it may be appropriate to consult with an attorney before deciding whether you should use a "Transfer by Affidavit.”

You DO NOT file a Transfer by Affidavit form with Dodge County.

Transfer by Affidavit Instructions (PDF)

Transfer by Affidavit Form (PDF)

Affidavit of Service/Waiver of Notice Form (PDF)

Affidavit of Heirship Form (PDF)

Will of Deceased Person

Wisconsin Law requires the filing of the original Will for every deceased person. Please see Sec. 856.05 , Wis. Stats.

If a probate proceeding is required for a deceased person, the original Will can be filed at the same time the documents for probate administration are filed.
Affidavit of Probate

If no probate proceeding is required, please complete and file an Affidavit of No Probate at the same time you file the original Will. As of May 2024, there is no longer a requirement that documents be notarized.

Informal Administration

The most commonly used procedure. You may use informal administration (1) if the decedent’s will does not prohibit the use of informal administration and contains an attestation clause, or (2) if the decedent dies without a will and the interested persons agree. In most cases, you do not need an attorney to proceed informally.

INFORMAL ADMINISTRATION CHECKLIST

YOUR DUTIES AS PERSONAL REPRESENTATIVE

Formal Administration

Summary Settlement

Can be used whenever there is a surviving spouse or minor children and the estate (solely owned or tenancy in common property) does not exceed $50,000. It may also be used whenever the value of the estate does not exceed the priority debts (e.g., administrative, funeral and burial, taxes, last illness, spousal and family allowances). This procedure can usually be completed in a day or two.

SUMMARY SETTLEMENT CHECKLIST

Summary Assignment

Special Administration

Ancillary Administration

Additional Information

State Forms - pdf ow Word formats: http://www.wicourts.gov/forms1/index.htm

Case Information: http://wcca.wicourts.gov

State Law Library's Links to Probate Websites: http://wilawlibrary.gov/topics/estate/probate.php

A Personal Representative's Guide to Informal Probate in Wisconsin:

http://www.wripa.org/uploads/1/0/1/9/10190269/informal_guide_9.16.13.pdf

Wisconsin Register in Probate Association: http://wripa.org