Milwaukee County, Wisconsin Probate Court Records
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Probate court records in Milwaukee County document the court-supervised process of settling a decedent’s estate. These records date back to the 1830s. The Register in Probate is the custodian of all Milwaukee County probate court records. These records are a valuable source for tracing family relationships, household inventories, land or building locations and descriptions, and some court transcripts. The standard documents found in Milwaukee County probate court files include:
- Petitions
- Tax clearances
- Proof of heirship
- Court orders
- Testamentary trusts
- Death certificate
- Creditor claims
- Protective placements,
- Guardianship orders
- Final accountings
- Estate inventories and receipts
- Civil mental health commitments
- Wills filed for safekeeping or those admitted to probate
- Applications, letters/correspondence, affidavits, and statements
Understanding the Parties Involved in Probate Cases
Milwaukee County probate cases involve several parties who play significant roles in the administration of a deceased person’s estate. Recognising these parties helps residents know who has legal authority to act in the best interests of the deceased person and understand why specific filings were made and by whom.
Examples of the parties in a probate case include:
- Case party
This is the deceased person whose estate is being administered. The probate court record will reveal their full name, date of birth, date of death, sex, race, and last known address.
- Personal Representative (PR)
This is the person or entity appointed by the Milwaukee County Probate Court to manage the deceased person's estate. The PR is called an executor if the decedent left a will. However, the court will appoint an administrator if there is no will. The probate court record will contain the PR’s full name and address, as well as all documents the PR has filed with the court.
- Special administrator
This is a person temporarily appointed by the court to manage a deceased person’s estate during urgent situations, like delays in appointing a PR. Their full name and address will be on file with the probate court.
- Heir and Beneficiaries
Heirs are individuals entitled to inherit the deceased person’s estate under Wisconsin law when there is no will. Conversely, beneficiaries are individuals or organizations named in a will to receive property. Probate court documents may list the full names of the heirs and beneficiaries, addresses, their relationship to the decedent, and their respective interests in the estate.
- Creditors
These are individuals or entities that claim the decedent owed them money. Probate court records may include the creditors' names and addresses, creditor claims, notices, and court rulings approving or denying those claims.
- Attorneys
Attorneys may represent the personal representative, heirs, beneficiaries, or other interested parties. Their names will appear on the probate court record.
- Court Officials
These are the officials who handled the whole court process, and their names will appear in the court records.
- Guardians or Conservators
The court will appoint a guardian or conservator if the probate case involves a minor or incapacitated adult. Their role is to protect the personal or financial interests of the protected individual.
Legal Purpose and Importance of Probate Court Records in Milwaukee County
Milwaukee County probate court records are designed to document the probate process. The reveal the administration of a deceased person’s estate and the actions taken to protect the vulnerable persons the deceased left behind. Probate court records also reveal how properties are transferred to heirs or beneficiaries and how assets are distributed to creditors. Individuals and agencies can use probate court records for the following purposes:
- Conducting genealogical research
- Resolving inheritance disputes
- Verifying estate or guardianship decisions
- Confirming the executor or administrator’s legal authority
Differences Between Wills, Estates, and Other Probate Filings in Milwaukee County
Milwaukee County probate court records contain different documents that show how a person’s property and personal affairs are handled after death. Each document serves distinct legal purposes. Examples of probate court records are wills, probate petitions, guardianship records, estate inventories, estate accountings, and conservatorship records.
Type of Probate Record | Meaning | What It Typically Contains | Legal Significance |
|---|---|---|---|
Wills | A legal document stating how a person’s property should be distributed after death | Names of beneficiaries, guardians for minors, appointment of a personal representative, asset distribution instructions, signatures, and witnesses | Establishes the decedent’s intent and guides how the estate is handled in probate |
Guardianship Records | Court filings appointing someone to make personal or medical decisions for an incapacitated person | Medical evaluations, court orders, annual care reports | Protects minors and incapacitated adults |
Estate Inventories | A detailed list of assets and debts owned by the deceased at the time of death | Real estate, bank accounts, vehicles, investments, personal property, outstanding debts, estimated values | Allows the court to determine the estate’s total value and ensure proper administration |
Probate Petitions | Formal requests asking the court to take or approve an action | Petitions to open probate, admit a will, and appoint a personal representative | Initiates and advances the probate process |
Estate Accountings | Financial records showing how estate assets are managed and distributed | Income received, expenses paid, debts settled, distributions to beneficiaries | Ensures transparency and accountability of the personal representative |
Conservatorship Records | Court filings appointing someone to manage the finances of minors or incapacitated adults | Financial reports, asset lists, and court approvals for expenditures | Provide financial protection for minors and incapacitated adults |
Public Access to Probate Court Records in Milwaukee County
The Wisconsin Open Records Law governs the public inspection and copying of Milwaukee County probate records. The Wisconsin Circuit Court Access (WCCA) online system is a common means for the public to view probate records electronically. Further access is available by mail and in person at the Milwaukee County Probate Court for records not accessible online. The court would not permit public access to confidential probate court records. These records are open only to case parties, attorneys, and individuals with a court order authorizing access. Guardianship records and wills deposited for safekeeping during the testator's lifetime constitute confidential probate records.
Methods for Searching Milwaukee County Probate Court Records
Below are the methods for searching probate court records in Milwaukee County:
- By mail: Send a written request with the appropriate search and copy to the Milwaukee County Probate Court.
- In person: Visit the courthouse during business hours to conduct a search
- Online: Visit the Wisconsin Circuit Court Access portal and search using a name or case number
How to Find Milwaukee County Probate Cases Online for Free
The only way residents can freely access probate court records created after June 1, 2003, is online through Wisconsin Circuit Court Access. Below is a step-by-step process of conducting a search through this portal:
- Go to the Wisconsin Court System official website
- Click on “Case Search” at the top menu and select “Circuit Court” from the dropdown
- Select the “I agree” button to proceed
- Enter a name or case number to conduct a search
- Select the search button to proceed
Accessing Milwaukee County Probate Court Records in Person
Anyone can view probate court records in person at the Milwaukee County Probate Court. They do not need to pay a fee to conduct their own search. However, a staff member's search costs $4, and copies cost $1 per page. The court permits individuals to search nonconfidential probate court records Monday through Friday, 8 a.m. to 4:30 p.m., without an appointment. However, an appointment is required to view confidential or microfilmed probate records at the courthouse. Call (414) 278-4452 to schedule an appointment. In-person customers cannot remove probate court records from the courthouse unless a court order is issued. They cannot alter, mutilate, or destroy them. The courthouse is located below:
Milwaukee County Probate Court
901 North 9th Street
Room 207
Milwaukee, WI 53233
Phone: (414) 278-5362
Requesting Milwaukee County Probate Court Records by Mail
Individuals may mail written requests to the Milwaukee County Probate Court to conduct a records search. The written requests must include the deceased person’s full name and date of death. The mailing package should consist of a prepaid $4 search fee, a self-addressed, stamped envelope, and a copy fee. The cost to make copies of records is $1 per page.
Milwaukee County Probate Court Record Access Methods
Access Method | Where to Use It | What You Can Access |
|---|---|---|
Online Access | Wisconsin Circuit Court Access | Probate case information |
In-Person Access | Milwaukee County Probate Court 901 North 9th Street Room 207 Milwaukee, WI 53233 Phone: (414) 278-5362 | Wills, estate documents, petitions, letters, guardianship records, and other probate documents filed or created during the case. |
Mail-In Requests | Milwaukee County Probate Court 901 North 9th Street Room 207 Milwaukee, WI 53233 Phone: (414) 278-5362 | Wills, estate documents, petitions, letters, guardianship records, and other probate documents filed or created during the case. |
Applicable fee for Milwaukee County Probate Court Record Requests
Individuals may view probate records free of charge at the Milwaukee County Probate Court by conducting their own search. The search may be conducted online through the Wisconsin Circuit Court Access system or in person at the courthouse, without payment of an inspection fee.
However, when a requester asks court staff to conduct a records search on their behalf (such as locating a case without a provided case number), a prepaid search fee of $4 is required. This fee applies regardless of whether copies are ultimately requested.
In addition, fees apply for obtaining plain copies of probate court records. Copies are $1 per page, with additional charges for certified copies. All applicable fees must be paid in advance when submitting a request by mail or in person.