Register in Probate

The position of Register in Probate is appointed by the judges of Washington County and is a division of the Clerk of Courts Office.

Case types handled by the Register in Probate include: Adult Adoption (AD), Probate (PR), Guardianships (GN), Guardianships of a Minor's Estate (GN), Adult Civil Commitments (ME), Juvenile Civil Commitments (JM), Wills (WL) and Group Probate (GP). 

Wisconsin Register in Probate website: www.wripa.org

Access to Cases

There are specific statutes that govern which court records are "open" to the public and which court records are "confidential". Court records such as juvenile delinquencies are considered confidential and therefore are closed to the public.   

You may use the State of Wisconsin Court Access website to search for information concerning cases that are open records and/or open to the public. You may choose to search the entire state of Wisconsin by entering at least the first three characters of a party's last name and their first name; click SEARCH. Alternatively, you may enter the name of the County by selecting the county from the Drop Down list and entering the specific case number. 

Adult Adoption

Washington County Guidelines and Procedures

Additional Resources

Advance Directives

Power of Attorney for Health Care and Declaration to Physicians (Living Will)

  • If you do not have a safety deposit box or some other safe place to keep your original Power of Attorney for Health Care or Declaration to Physicians (also known as a Living Will), you may file it for safekeeping with the Register in Probate.
  • There is a statutory filing fee of $8.00.
  • If you file this document with the Register in Probate, you may want to keep a copy at home and advise your family where the original is located.

Power of Attorney for Finance and Property

This document may be filed with the Register of Deeds Office.

Authorization for Disposition - Effective 3/2008

This document may be filed for safekeeping with the Register in Probate for a fee of $8.00.  As with other Advance Directives, you may want to keep a copy of this document at home and advise your family where the original is located.

Estates

Probate Benchmarks

Wisconsin Statutes require all estates to be settled as soon as reasonably possible and without unnecessary delay. The Wisconsin Chief Judges have set fourteen (14) months as the benchmark for disposing of probate estates, and the Registers in Probate for the Third Judicial District have also adopted this benchmark. All estates filed in Washington County must be closed within fourteen (14) months of the date the initial documents are filed.

Scheduling and Appearances for a Formal Probate

  • Formal probate matters are heard by the Judge assigned to the case.
  • All documents must be filed in the Probate Office 96 hours prior to the hearing. Failure to submit appropriate documents will cause the matter to be removed from the calendar.
  • If a specific date/time is required or a lengthy matter needs to be scheduled, please inform the Probate personnel when calling.

Informal Probate

  • Informal probate is only allowed in certain circumstances. If informal probate is not allowed in your case, you will be required to retain an attorney.
  • Attorneys are required to file all documents (except for the original Will) electronically. Original Wills must be filed by mail or in person. 
  • If you do not have an attorney, all documents may be submitted by mail or in person.  You must file the original Will, the fee for certified copies, and a self-addressed stamped return envelope.

To File a Claim Against and Estate

  • To file a claim against an estate that is being probated,  complete Form PR-1819, Claim Against Estate. Your signature must be notarized. File the completed form with the Register in Probate along with the mandatory filing fee of $3.00.

Fees

 Forms Packets  $10.00 each
 Guideline to Informal Probate Booklet  $10.00 each
 Inventory Fee, Estate, $10,000 or less  $20.00
 Inventory Fee, Estate over $10,000  .2% of inventoried assets
 Inventory Fee, Guardianship, Conservatorship -if the amount specified in Sec. 867.03, Wis.Stats. ($50,000) or less  $20.00
 Inventory Fee, Guardianship, Conservatorship -if more than the amount specified in Sec. 867.03, Wis.Stats. ($50,000)  .2% of inventoried assets
 Filing Claim Against Estate  $3.00
 Objection to Probate of Will  $20.00
 Wills filed for Safekeeping  $10.00
 Power of Attorney for Healthcare filed for Safekeeping  $8.00
 Declaration to Physicians (Living Will) filed for Safekeeping  $8.00
 Probate Copies (and comparing)  $1.00 per page
 Probate Certification  $3.00
 Searching for Files or Records  $4.00
 Termination of Life Estates  $3.00
 Certificate of Judgment or Descent  See Inventory Fees above
 Grandparent or Step-Parent Visitation Action  $60.00

Forms

Genealogy

Probate records including Wills and Estates, are maintained pursuant to Wisconsin Supreme Court Rule Chapter 72.  Generally, these are open records. However, guardianship and civil commitment cases are confidential.

There is a mandatory $4.00 search fee pursuant to Section 814.66(1)b(3)j, Wis. Stats., and a mandatory $1.00 per page copy fee.  the following links may provide additional information: 

Vital RecordsProvides information on obtaining copies of vital records (birth, death, and marriage records, searching records in person, and other available services.) 

Washington County Historical SocietyProvides information on the search resources available in the Research Center. 

Wisconsin State Historical Society Provides helpful links, information, and schedules for workshops to assist individuals in doing family history searches. 

Wisconsin Genealogy ServicesProvides FAQ's about what information is available and accessible, where to go, and how to search the Vital Records when conducting an genealogy search. 

The National ArchivesAssistance for how to search the following government records: Census Record, Military Records, Immigration Records (Ship Passenger Lists), naturalization Records, and Land Records. 

Adult Guardianships & Minor Guardianships of the Estate

GUARDIANSHIP FORMS are available on the Supreme Court Website: Mandatory State Guardianship Forms

Guardianship questions? Issues? 

The Wisconsin Guardianship Support Center (CSC) provides information and assistance on issues related to guardianship, protective placement, advance directives, and more.  More information can be found here: GWAAR

Probate Benchmarks

Wisconsin Statutes require all estates to be settled as soon as reasonably possible and without unnecessary delay.  The Wisconsin Chief Judges have set fourteen (14) months as the benchmark for disposing of probate estates, and the Registers in Probate of the Third Judicial District have also adopted this benchmark. 

All estates in Washington County must be closed within fourteen (14) months. 

Trusts

2013 Wisconsin Act 92 takes effect in two parts.  The estate recovery and divestment change(s) in 2013 Wisconsin Act 92 took effect on December 15, 2013; the balance of 2013 Wisconsin Act 92 took effect on July 1, 2014.  You can find the 2013 Wisconsin Act 92 by using the following search link: 

https://docs.legis.wisconsin.gov/2013/related/acts/92.pdf

According to the 2013 Wisconsin Act 92, under Section 701.0201(2), Wis. Stats., unless ordered by the court upon a petition of a settlor, trustee, or qualified beneficiary requesting continuing judicial supervision, a trust is not subject to continuing judicial supervision.  Beginning at the end of calendar year 2014, our office will no longer mail a trustee's annual account form to file with the probate court, although you may still be required to maintain accountings.  

Wills

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. 
  • If no probate proceeding is required, please complete and file an Affidavit of No Probate at the same time you file the original Will.  This document requires that the signature be notarized.  If you do not have access to a Notary Public, please wait to sign this form until you file it in person at the Probate Office so that your signature may be notarized. 

Wills for Safekeeping

If you have an original Will and do not have a safety deposit box or some other safe place to keep it, you may deposit the original Will for "safekeeping" with the Register in Probate.  There is a statutory fee of $10.00 for this service (Sec. 853.09, Wis. Stats.)  Please be sure the envelope containing the original Will contains the following information: 

  • Name of the person (testator) making the Will
  • Date the Will was signed
  • Address of the person (testator) making the Will
  • Name of the Personal Representative and any alternate
  • Name of the attorney who prepared the Will

Withdrawing a Will from Safekeeping

If you need to withdraw your original Will that you filed with the Register in Probate for safekeeping, you will need to show proper identification and provide the original receipt you were given when you originally filed the Will. 

Only the person who wrote the Will or their written designee can remove the Will from safekeeping.  The written designation must be signed by the person who wrote the Will and witnesses by two additional persons other than the person who will be withdrawing the Will from safekeeping. 

If you withdraw your original Will and replace it with a new Will on the same day, there is not an additional charge.  However, if you withdraw your original Will and file another Will at a later date, there is an additional $10 charge. 

Contact Us

Sherry CoykendallRegister in Probate

Washington County Justice Center
484 Rolfs Avenue Room 3151
West Bend, WI 53090

Phone:262-335-4341Fax:262-306-2224

Days Available:Monday - FridayHours Available:8:00 am to 4:30 pm