Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Requesting estate files from a county probate division in Wisconsin requires gathering specific information and following established procedures. Under Wisconsin’s open records law (Wis. Stat. § 19.35) and probate code (Chapter 856), most estate records are public unless the court seals them. To streamline your request, collect the following details:
1. Decedent’s Full Legal Name and Date of Death
Provide the exact name and date of death as shown on the death certificate. This information helps the clerk locate the correct file among records maintained under Wis. Stat. Ch. 856.
2. County of Probate
Identify the Wisconsin county where the estate proceeding was opened. Each county clerk’s office or circuit court clerk maintains its own probate records.
3. Case or Docket Number
If you know the probate case or docket number, include it to speed up retrieval. If unknown, clerks can search by name and date.
4. Document Types and Date Range
Specify which documents you need (e.g., petition for administration, inventory, final account) and the filing date range to narrow the search.
5. Requester Contact Information
Supply your name, mailing address, phone number, and email. Wisconsin counties often require written requests under Wis. Stat. § 19.35 and will use this information to send records or invoices.
6. Purpose of Request (If Required)
Some counties ask for a brief statement of your interest in the record (heir, creditor, researcher). This helps determine if any documents are confidential.
7. Fees and Payment Method
Counties may charge search, copying, and certification fees under Wis. Stat. § 59.43. Contact the clerk’s office for a fee schedule and accepted payment methods (check, money order, online payment).
8. Submission Method
Check the county’s website or contact the clerk for accepted submission options: mail, email, online portal, or in-person request. Adhere to any required forms and signature rules.
Helpful Hints
- Call the county clerk’s office before submitting your request to confirm procedures and current fees.
- Ask for electronic copies to reduce printing and postage costs.
- Allow additional time if records are stored off-site or need to be retrieved from archives.
- Use certified copies for official legal matters; standard photocopies suffice for research purposes.
- Review Wis. Stat. §§ 19.31–19.39 (Open Records Law) to understand your rights and any exemptions.
- If you encounter sealed records or complex estate issues, consider consulting a probate attorney.