Milwaukee County Probate Records

Milwaukee County probate records are legal documents that contain information about probate processes handled by the County Probate Court. The Wisconsin Court System describes "probate" as a court-supervised process that appropriately distributes a decedent's assets and possessions to entities or persons entitled to receive them.

Wills, testamentary trusts, records of decedent estates, and other legal documents formally filed with the County Probate Court are some examples of Milwaukee County probate records. Like other Milwaukee county court records, probate records may be sought when conducting Genealogy Research for their family or historically significant families, like Milwaukee's famous brewing and manufacturing magnate. Probate records may also be sought out to settle legal disputes concerning the distribution of a decedent's assets and possessions.

In Milwaukee County, an individual can open a probate case by filing required legal documents with the County Probate Court. Depending on the type of case, this can be done with or without an attorney. Generally, informal probate cases can be opened without an attorney, while formal cases may require the retention of an attorney per Wisconsin Statutes 865.03.

Are Probate Records Public?

Yes. Milwaukee County Probate Court records are public under the provisions of Wisconsin Public Records Law, codified in Wis. Stat. §§ 19.31 to 19.39. As a result, anyone can access, view, and request copies of probate records generated, filed with, and maintained by the Milwaukee County Probate Court.

However, Wisconsin Public Records Law is subject to some limitations imposed by state and federal statutes that restrict public access to certain information contained in probate records. For instance, personally identifiable information that details an individual's account or customer number with a financial institution is restricted from being public under Wis. Stat. 19.36 (13). Additionally, patient healthcare records are confidential per Wis. Stat. §§ 146.81 through 146.84.

Furthermore, probate records may be restricted from being public due to the balancing test allowed under Wisconsin Public Records Law. The balancing test authorizes legal custodians of public records to determine if a record should be released by weighing if its release would serve the public interest. The test is conducted on a case-by-case basis.

What is Probate Court in Milwaukee County?

In Milwaukee County, the Probate Court has original jurisdiction over probate matters that arise within the county. These include will execution, administration of decedent's estates, and testamentary trusts. The Probate Court also handles conservatorships and guardianship appointments for incapacitated persons in Milwaukee County, as well as protective placements and civil mental health commitments.

Note that the Probate Court is a division of the Milwaukee County Circuit Court, and it is located at:

Milwaukee County Courthouse
901 North 9th Street,
Room 207,
Milwaukee, WI 53233

Probate Court Case Lookup

Inquirers can look up Milwaukee County Probate Court cases through any of the following processes:

• Visit the Milwaukee County Register Probate Office, located in the Milwaukee County Courthouse, Room 207, to view records of probate court cases created before 1985. The office's hours of operation are from 8 a.m. to 4:30 p.m.
• Records of probate cases created between 1985 and June 1, 2003, can be viewed in person at the Milwaukee Register Probate Office or online through the Wisconsin Circuit Court Access (WCCA) website. The criteria required to conduct searches on the WCCA website include an involved party's full name or case number.
• Records of probate cases created after June 1, 2003, are strictly accessible online through the WCCA website.
• Draft a written search request containing identifiable information about the desired probate court record, such as full names of involved parties and their date of birth or a case number. The written request may be mailed with a $4 pre-paid search fee and a self-addressed and stamped envelope to the Milwaukee Register Probate Office. There is an additional $1 per page fee for making copies of requested records.

Note that an appointment is not required to view an open or current record in person at the Probate Office. However, record seekers must schedule an appointment to view closed or microfilmed records. They can schedule an appointment by calling (414) 278-4452.

How to Find Probate Records Online Free

Record seekers can find Milwaukee County probate records online for free through the Wisconsin Circuit Court Access (WCCA) website. The website is a public service tool through which users can search for case details and court records for different types of cases handled by the Wisconsin Court system. These cases include probate cases handled by Milwaukee County Probate Court.

Inquirers can search for cases through the WCCA website by selecting "Milwaukee" under the county tab and supplying certain details about the sought-after probate case as search criteria. These details include the name of a party or business involved in the case or a case number. The search results will include a case summary, party information, court activities, and court records of the sought-after probate case.

How Long Does Probate Take in Wisconsin?

According to the State Bar of Wisconsin, the probate process for a large or contested estate can take up to two (2) years or longer. Meanwhile, the average probate process timeline for a small or uncomplicated estate is six (6) months. Generally, there is no finite timeframe for how long probate can take in Wisconsin, as numerous factors can affect the time needed for probate. These factors include the estate size, form of ownership, asset type, creditor's claims, tax issues, marital property issues, and other pertinent factors.

Are Wills Public Record?

It depends. Wills submitted to the Milwaukee County Register in Probate Office for safekeeping remain confidential until the testator (the writer of the will) passes away. As a result, only certain eligible persons can access a testator's will through the Probate Office during their lifetime. These include the testator themselves or their written designee. Meanwhile, after the testator's death, their will becomes a public record and is available to everyone to review and copy.

How to Find Out If Someone Has a Will

Unfortunately, there is no definite way to find out if someone has a will in Milwaukee County until their death. Generally, wills filed with the Milwaukee County Register Probate Office are confidential until the testator (the writer of the will) dies.

Nonetheless, upon the death of an individual, interested persons can find out if the decedent has a will on file with the Milwaukee County Register Probate Office by querying the office. In cases where the decedent didn't file their will with the Milwaukee County Probate Office, inquirers can contact the probate offices in counties where the decedent owns the property or last resided. Alternatively, inquirers can contact the decedent's attorney, family, and friends or search their home or known storage places like their bank safety deposit box to find the decedent's will.

Milwaukee County Family Court Case Search

Interested persons can search for Milwaukee County Family Court cases online through the Wisconsin Circuit Court Access (WCCA) website. Alternatively, record seekers can visit the Milwaukee County Circuit Court Family Division to make in-person queries for public family court case records. Regardless of which method of search (in-person or online), record seekers must provide identifiable information about the desired case to facilitate their search. These include a case number or the name of a party to the case. Although individuals may be allowed to conduct searches for free, they are usually charged a fee for copies of case records they request.

It is worth noting that some family court case records and information found in these records are protected from being accessible to the general public due to certain state and federal laws. For instance, the personal information of minors and victims of domestic abuse as well as other forms of abuse, are not public.