Wisconsin · Waupaca County Circuit Court (Eighth Judicial Administrative District of Wisconsin)
Waupaca County Register in Probate Guide
Register in Probate information · Updated June 2026
Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.
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Not sure if you need probate?
Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.
Immediate Actions
The first days
First: Get Death Certificates
Required for everythingWisconsin Vital Records Office
Certified Wisconsin death certificates are issued by the state Vital Records Office (online through an approved vendor, by mail, or in person) and by the local Register of Deeds. Waupaca County families may also order certified death records from the Waupaca County Register of Deeds for deaths that occurred in or to residents of the county; the Circuit Court / Register in Probate does not issue death certificates. Under Wis. Stat. § 69.22(1)(a) the fee is $20 for the first certified copy and $3 for each additional copy of the same record issued at the same time.
Secure the Property
- Lock the residence and secure valuable items
- Forward mail to a responsible family member
- Make a list of what you find (don't throw anything away yet)
Locate Important Documents
Required by Law
First 30 days
Deposit the Will
A person who has custody of a will must, within 30 days after learning of the testator's death, file it with the Register in Probate of the proper county or deliver it to a person able to file it (Wis. Stat. § 856.05). A will may also be deposited with the Register in Probate for safekeeping during the testator's lifetime. Verify the custodian's obligations and timing with the Register in Probate. (Wis. Stat. § 856.05)
Creditor claim window
Creditors generally have 4 months from court order setting the time to file claims (notice to creditors) to bring claims against the estate. (Wis. Stat. § 859.01)
Notify Key Parties
- Banks and credit card companies (to prevent unauthorized use)
- Social Security Administration (1-800-772-1213)
- Employer (if applicable) for final paycheck and benefits
Assess Your Situation
Before filing anything
Which probate type is right for you?
Small estate? If the estate is worth less than the Wisconsin small-estate limit (shown on the options below), you may qualify for simplified procedures.
Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.
Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.
Select a probate type below to see specific requirements and costs.
Which applies to your situation?
Not sure? Use the free checker at the top of this page - you don't have to decide this alone.
Wisconsin's transfer-by-affidavit procedure lets an heir, the trustee of the decedent's revocable trust, a person named in the will as personal representative, or the decedent's guardian at death collect the decedent's property by sworn affidavit, without administration, when the decedent's property subject to administration in Wisconsin does not exceed $50,000 in gross value at the date of death. Verify eligibility for the specific assets and institutions involved.
- Qualifies:
- $50,000
Wisconsin offers two summary paths in addition to transfer by affidavit: (1) Summary settlement of small estates under Wis. Stat. § 867.01 when the estate (less debts secured by estate property) does not exceed $50,000 and the decedent is survived by a spouse, domestic partner, or one or more minor children (or both), or when the estate does not exceed the costs, expenses, allowances, and claims under § 859.25(1)(a)-(g); and (2) Summary assignment of small estates under Wis. Stat. § 867.02 when the estate (less secured debts) does not exceed $50,000 and does not qualify for summary settlement. Availability depends on the facts and should be verified locally.
- Qualifies:
- Smaller estates that meet the state limit
Documents you'll need:
- Certified Death Certificate
- Original Will
- Proof of Heirship
- Inventory
The personal representative (executor with a will, or administrator without) is appointed by the Register in Probate (informal administration) or the circuit court (formal administration), receives domiciliary letters, files an inventory, gives published notice to creditors, pays claims, and distributes the estate. Wisconsin's informal administration is a streamlined, register-supervised process for most uncontested estates. Verify bond, surety, original-will, and notice requirements with the Register in Probate.
- Attorney:
- not required by law, though many families use one
Documents you'll need:
- Application for Informal Administration
- Certified Death Certificate
- Original Will
- Proof of Heirship
- Statement of Informal Administration
- Domiciliary Letters
- Inventory
- Notice to Creditors
Wisconsin's transfer-by-affidavit procedure allows an heir, trustee of the decedent's revocable trust, person named in the will as personal representative, or the decedent's guardian at death to collect and receive the decedent's property by presenting a sworn affidavit, without administration, when the decedent's property subject to administration in Wisconsin does not exceed $50,000 in gross value at the date of death.
- Qualifies:
- $50,000
Documents you'll need:
- Transfer by Affidavit
- Certified Death Certificate
- Original Will
Summary settlement is available when the estate, less debts secured by estate property, does not exceed $50,000 and the decedent is survived by a spouse, domestic partner, or one or more minor children (or both), or when the estate does not exceed the costs, expenses, allowances, and claims under Wis. Stat. § 859.25(1)(a)-(g). The register-in-probate filing fee under § 814.66(1)(a) still applies. Verify eligibility before relying on this path.
- Qualifies:
- $50,000
Summary assignment is available when the estate, less debts secured by estate property, does not exceed $50,000 and the estate does not qualify for summary settlement. The court assigns the estate to those entitled to it. Verify eligibility before relying on this path.
- Qualifies:
- $50,000
File for Probate
Where to file, forms & fees
Where to File
Free Filing Help Available
Waupaca County Register in Probate / Wisconsin Court System Probate Self-Help can help you understand forms and filing requirements at no cost.
Visit Self-Help CenterOther Topics That May Apply
Property & Real Estate
Property transfer after death, recording
Waupaca County Register of Deeds
WebsiteVehicle Title Transfer
Retitle or transfer the deceased's vehicle. Office, forms, fees.
Wisconsin DMV Customer Service Center — Waupaca (Waupaca County)
- Address:
- 801 W. Fulton Street, Waupaca, WI 54981
When a Wisconsin vehicle owner dies, the certificate of title must be transferred. The transfer path depends on the relationship to the decedent and the value of the estate. All Wisconsin vehicle title transfers are processed at WisDOT DMV Customer Service Centers or by mail to WI DOT (P.O. Box 7949, Madison WI 53707-7949).
Transfer scenarios
Surviving Spouse or Domestic Partner
Documents needed:
- Statement of Transfer of Vehicles to or by a Surviving Family Member, Domestic Partner or Heir — form MV2300
- Certificate of Title (if lost: form MV2119 Replacement Title Application)
- Wisconsin Title & License Plate Application — form MV1
Submit by mail or at a DMV Customer Service Center. Mail to: WI Dept. of Transportation, P.O. Box 7949, Madison WI 53707-7949.
Heir — Small Estate (Solely-Owned Property Does Not Exceed $50,000)
Documents needed:
- Statement of Transfer of Vehicles to or by a Surviving Family Member, Domestic Partner or Heir — form MV2300 (required as supporting document)
- Wisconsin Certificate of Title (if lost: form MV2119 Replacement Title Application; replacement title fee may be waived for qualifying family members — see MV2300)
- Wisconsin Title & License Plate Application — form MV1
- Payment of title transfer fee: $214.50 (fee may be waived for certain qualifying family members; see MV2300 for eligibility)
Submit by mail to: WI Dept. of Transportation, P.O. Box 7949, Madison WI 53707-7949. Or bring to a DMV Customer Service Center.
Executor or Administrator — Estate Exceeds $50,000
Documents needed:
- Personal representative papers (Letters Testamentary or Letters of Administration) issued by the court identifying the individual authorized to sign for the decedent
- Wisconsin Certificate of Title
- Wisconsin Title & License Plate Application — form MV1
- Payment of applicable fees (qualifying family members may still submit MV2300 to apply for title fee waiver)
Personal representative signs the back of the title as seller (noting 'personal representative' after name) and submits documents by mail or at a DMV Customer Service Center. If also a qualifying family member and seeking title fee waiver, submit form MV2300 with the application.
Co-Owner
Documents needed:
- If title lists 'or': only surviving co-owner signature required as seller
- If title lists 'and': surviving co-owner AND deceased's legal representative both sign as seller. If the surviving co-owner is also the legal representative, sign twice.
- Form MV2300 Statement of Transfer (if removing deceased's name for co-ownership or survivorship transfer)
- Certificate of Title
- Wisconsin Title & License Plate Application — form MV1
Submit to WI DMV by mail or at a Customer Service Center. To remove deceased co-owner's name from title: submit MV2300 + Certificate of Title (or MV2119 if lost).
Forms
- Statement of Transfer of Vehicles to or by a Surviving Family Member, Domestic Partner or Heir(MV2300)(Available from WisDOT DMV. Covers transfer scenarios for surviving spouse/domestic partner and heirs. Also used to apply for title fee waiver for qualifying family members.)
- Wisconsin Title & License Plate Application(MV1)(Use the MV1 Application Guide to pre-fill and calculate fees: https://trust.dot.state.wi.us/mvapps/pub/mv1guide/. If not using the guide, download and print the MV1 form directly.)
- Replacement Title Application(MV2119)(File MV2119 if the original title is lost or unavailable. For qualifying family members, the replacement title fee waiver is noted in form MV2300.)
Fees
Current title transfer fee is $214.50 per vehicle (effective October 1, 2025). Replacement title fee (MV2119) may also be waived for qualifying family members per MV2300. No sales tax is mentioned separately for heir transfers.
Small-estate vehicle transfer
Wisconsin's transfer-by-affidavit procedure under Wis. Stat. § 867.03 allows an heir, trustee of a revocable trust, person named in the will as personal representative, or guardian to collect property of a decedent — including motor vehicles — without opening a probate proceeding, when the total property subject to administration in Wisconsin does not exceed $50,000 in gross value. The affiant provides a signed affidavit to the person holding the property (e.g., DMV) along with proof of prior mailed notice when required.
Wisconsin Stat. § 867.03 provides the statutory basis for transfer by affidavit for small estates. The WisDOT DMV heir transfer page at wisconsindot.gov/Pages/dmv/vehicles/title-plates/heir.aspx describes the vehicle-specific implementation: when the decedent's solely-owned property does not exceed $50,000, heirs use form MV2300 + MV1 to transfer title. If the estate exceeds $50,000, personal representative papers from a court are required instead.
Lost or duplicate title
If the original Wisconsin certificate of title is lost or unavailable, a replacement title must be obtained. For deceased-owner vehicle transfers, a Replacement Title Application (form MV2119) is filed. The replacement title fee may be waived for certain qualifying family members — see form MV2300 for eligibility.
Submit form MV2119 along with the transfer documents (MV2300 + MV1) by mail to WI DOT (P.O. Box 7949, Madison WI 53707-7949) or at a DMV Customer Service Center.
Helpful resources
- Wisconsin DMV — Transfer a vehicle to an heir
Official WisDOT page: heir vehicle title transfer when decedent's solely-owned property does not exceed $50,000; required forms (MV2300, MV1); transfer fee $214.50 (effective Oct 1, 2025); fee waiver for qualifying family members.
- Wisconsin DMV — Transfer a vehicle to/from a surviving spouse or domestic partner
Official WisDOT page: surviving spouse/domestic partner may transfer up to 5 solely-owned vehicles using MV2300 + MV1; no title transfer fee. Also covers co-owner title transfers.
- Wisconsin DMV — DMV Customer Service Centers Locator
Official WisDOT CSC finder — locate nearest DMV Customer Service Center by address, city, or county.
- Wisconsin DMV — DMV Customer Service Centers (City/County list)
Official WisDOT page listing all DMV Customer Service Centers with city/county index and links to individual center hours and information.
- Wisconsin DMV Guide for Family Members of Recently Deceased
Official WisDOT PDF guide for family members: covers title transfer, driver license cancellation, and other DMV steps after a death.
- Wis. Stat. § 867.03 — Transfer by Affidavit
Official Wisconsin statute: small estate affidavit procedure for property not exceeding $50,000 in gross value. Authorizes heirs and others to collect decedent's property by affidavit without probate.
- Wis. Stat. § 342.17 — Transfer of Interest in a Vehicle; on Death of Owner
Official Wisconsin statute governing vehicle title transfer on death of the owner. Authorizes surviving spouse/domestic partner and heir transfers. MV2300 provides the statutory statement.
Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.
Vehicle sources (6)
- https://wisconsindot.gov/Pages/dmv/vehicles/title-plates/heir.aspx
- https://wisconsindot.gov/Pages/dmv/vehicles/title-plates/surviving.aspx
- https://wisconsindot.gov/Pages/online-srvcs/find-dmv/default.aspx
- https://docs.legis.wisconsin.gov/document/statutes/867.03
- https://docs.legis.wisconsin.gov/document/statutes/342.17
- https://trust.dot.state.wi.us/cscfinder/cityCountySearch.do?county=Waupaca
Sources for this page (14)
The facts above come from these official sources. Verify current details with the office before filing.
- waupacacounty-wi.govhttps://www.waupacacounty-wi.gov/departments/government_departments/register_in_probate/index.php
- wicourts.govhttps://www.wicourts.gov/courts/circuit/clerkcontact.htm
- wicourts.govhttps://www.wicourts.gov/contact/Circuit_Courts.html
- wicourts.govhttps://www.wicourts.gov/contact/CC_Admin_Dists.html
- wicourts.govhttps://www.wicourts.gov/services/public/selfhelp/probate.htm
- wicourts.govhttps://www.wicourts.gov/forms1/circuit/formcategory.jsp?Category=26
- wcca.wicourts.govhttps://wcca.wicourts.gov/
- docs.legis.wisconsin.govhttps://docs.legis.wisconsin.gov/document/statutes/814.66(1)(a)
- docs.legis.wisconsin.govhttps://docs.legis.wisconsin.gov/document/statutes/867.03
- docs.legis.wisconsin.govhttps://docs.legis.wisconsin.gov/document/statutes/867.01
- docs.legis.wisconsin.govhttps://docs.legis.wisconsin.gov/document/statutes/867.02
- docs.legis.wisconsin.govhttps://docs.legis.wisconsin.gov/document/statutes/856.05
- docs.legis.wisconsin.govhttps://docs.legis.wisconsin.gov/document/statutes/859.01
- docs.legis.wisconsin.govhttps://docs.legis.wisconsin.gov/document/statutes/858.01
You've seen what probate involves. Here's how to spare your own family.
A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.
See how to avoid probate in WisconsinFrequently Asked Questions
How much does probate cost in Waupaca County?
How long does probate take in Waupaca County?
Do I need an attorney for probate in Waupaca County?
More Wisconsin Resources
Explore the rest of the Wisconsin probate hub.
Start here
Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages
Verified against Waupaca County Circuit Court on June 13, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Wisconsin can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.