FAQs • Walworth County, WI • CivicEngage

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Child Support Services

1. How do I obtain child support services?

Cases that include a participant who is receiving public assistance benefits are already open for child support services. Participants in non-aid cases may apply for services by downloading the application for services and forwarding it to the child support agency for processing.

2. Does the Child Support Agency handle custody and placement issues?: No, the Child Support Agency does not participate in custody or placement issues. Access self-help forms to modify your custody or placement order at the Self-help law center.

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Clerk of Circuit Court - Jury Duty

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1. I received a questionnaire in the mail indicating that I am being considered as a potential juror. But I don't think I qualify as a juror. Do I have to fill it out?

Yes, if you have received a questionnaire, you need to complete the questionnaire and return it as soon as possible.

If you no longer live in Walworth County, be sure to check "no" for question Number 2, and submit a copy of your driver's license showing your new address. If you do not have an out-of-county/state driver's license, please include your new address, telephone number, complete the questions on the form and return.
If you are a college student and live outside of the area during the school year, please complete the form and wait to see if you are called. You may be considered for postponement based on your situation at the time.
If you have served recently or think you have served within the last 4 years, please check "yes" for question Number 5. If you know when you served, please indicate that on the form. We will be happy to check if you have served in the last 4 years and remove your name from the list if this is the case. Jurors who made themselves available to serve are considered to have served even if they were not called in on a trial.
If you feel you are not able to serve due to your age or medical disability, please answer "yes" to question Number 6 and briefly describe the disability. If due to a medical condition, you may send a separate letter along with your doctor's letter. One of the judges will then determine if you are to be excused. You may also wait until you are summoned to provide this information. Other requests for excuses will be considered when you are summoned to serve.

Additional Information

In any case, please complete and return the form as there are penalties for disregarding the eligibility stage of the jury selection process. If this information has not answered your questions, please call the jury clerk at 262-741-7044.

2. Where do we get the names for the questionnaires?: Each year Walworth County requests the Department of Transportation to provide a random list of names for anyone who has a Wisconsin driver's license, Wisconsin identification card or who has been issued a citation with a Walworth County address. Each person on that list is sent a questionnaire to determine their eligibility as a potential juror.

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Clerk of Circuit Court - Small Claims

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1. How do I file a small claims action?

What is it you are suing for? Small claims can be used for the following:

Eviction actions, regardless of the amount claims.
Replevin actions (return of property) where the value of the property claimed does not exceed $10,000.
Other civil actions where the amount claimed is $10,000 or less (such as unreturned security deposits, unpaid bills, loans and damage to property).
Garnishments to enforce judgments from funds owed to the debtor when the amount owed is $10,000 or less.
Actions for the return of earnest money tendered pursuant to a contract for purchase of real property, regardless of the amount claimed.
The small claims limit remains at $5,000 for personal injury and third-party complaints.

2. Where do I get forms to file a Small Claims Action?: Small Claims Summons and Complaint forms are available in our office, Room 2080.

3. What information must I have to file a Small Claims Action? What happens on the day I come in to start my case?

You must have the following to fill out the Summons and Complaint:

The plaintiff's correct name, address, phone. The defendant's correct name and address. It is most important that the correct legal name of the party be set forth in the complaint. If the papers cannot be delivered to the defendant, you may have to start the action over and pay additional fees. A party to a civil suit must fall into one of three classes; an individual or an individual doing business under an assumed name, a partnership, two or more individuals doing business together or a corporation.
The nature and amount of the plaintiff's claim including dates and other relevant information in the complaint. If the claim is based on a written instrument or contract, a copy should be attached. (Be sure to provide a sufficient number of copies to attach to the original and all copies.)

After you fill out, sign, and date the Summons and Complaint, file the forms and any attachments with the Clerk of Courts, Room 2080 of the Judicial Center. A court date and a case number will be assigned by the clerk. You must pay a filing fee of $94.50 at the time of filing. You will then be responsible for seeing that the papers are properly served, paying any service fees, and filing proof of service with the court.

4. How do I obtain service on a small claims Summons and Complaint?: All Summons and Complaints must be personally served on each named defendant. After filing the Summons and Complaint, it is the plaintiff's responsibility to arrange for personal service, pay the service fees, and file the Proof of Service prior to or on the court date. See the Walworth County Sheriff's Office page for further information regarding their civil process procedures and fees. If the defendant lives outside of Walworth County, the plaintiff is responsible for getting the papers to the Sheriff in the county where the defendant resides and pay their service fees. Plaintiff may also employ the services of a private process server; costs vary.

5. How far in advance of my court date must the defendant be served?: Personal service must be completed at least eight days prior to the return date, excluding weekends and holidays. Eviction actions must be served at least five days prior to the return date, excluding weekends and holidays.

6. What happens if the defendant cannot be personally served?: If, after reasonable diligence, the defendant cannot be served by personal service or substitute service, then service may be completed by mailing and publication (see 801.11(c) and 985.02(1)). A legal publication shall be published for one insertion where the defendant resides or is likely to see the publication. Plaintiff must also mail the Summons to the defendant(s) at the last known address. In Eviction cases, however, if after reasonable diligence, the defendant cannot be served by personal service or substitute service, then service may be made by posting and mailing (see 799.16(3)(a)). A copy of the summons and complaint may be affixed to some part of the premises where it may conveniently be read at least seven days prior to the return date, with an additional copy being mailed to the defendant at the last-known address at least five days prior to the return date.

7. What judge will hear my case?: All cases will be called before the Judicial Court Commissioner on the return date.

8. Must the defendant appear for the court date?

Wisconsin Resident

A defendant who resides in the state of Wisconsin is required to appear in person on the return date if they wish to contest the claim.

Non-Resident

A defendant who is a non-resident of the State of Wisconsin must either appear on the scheduled return date or file and serve a written answer at least 72 hours prior to the court date and time (section 799.22(4)). If an answer is properly filed and a request to adjourn said hearing is made by the defendant, the initial appearance will be scheduled for a future date. A written answer, however, is not in lieu of an appearance.

9. What happens if the plaintiff doesn't appear on the court date?: If the plaintiff fails to appear, the case will be dismissed.

10. What will happen at court?

The following are the possibilities:

If the defendant appears and denies the claim, the case will immediately proceed to a pre-trial. The court commissioner may: dismiss the claim, adopt an agreement between the parties or schedule the matter for a hearing.
Judgment may be entered in favor of the plaintiff if the defendant admits liability. If plaintiff is granted default judgment, an Affidavit of Non-military must be filed.

11. How do I get a trial before the Circuit Court Judge?: Either party may file a "Demand for Trial" within 10 days of the oral decision by the court commissioner or within 15 days after a written decision by the court commissioner. The matter will then be set for trial before the judge or a jury.

12. What must be included in the "Demand for Trial" form?: The party requesting the court or jury trial before the Circuit Court judge, must complete the "Demand for Trial" form for the purpose of defining the issues and estimating the time required to hear the trial. If a jury trial is demanded, a jury request fee of $89 plus $36-6 person jury fee are to be paid (814.63(3)(e)), (799.2194)). You must file the demand with the court and send a copy to the other party. It is best to use certified mail so you have proof that you did so.

13. I have a tenant I want to evict. How do I do this?

Please see section 704.14 and section 704.21 regarding legal notice to vacate the premises. After proper notice to vacate has been given the tenant, the landlord may start an eviction action. Proof of service of proper notice must be filed upon commencing an action. The landlord should produce a written lease if one exists. The tenant should have receipts of canceled checks if their defense is based on payment. Photographs regarding the condition of the premises may also be helpful.

Effective June 10, 2020, through August 31, 2020, a Declaration of CARES Act Verification must be filed on all eviction actions. Failure to do so will result in either a dismissal of the action or a continuance by the Court in order to gain compliance.

14. What is a judgment?: It is a formal document signed by a judge or Clerk of Circuit Court, stating that the defendant owes you money or the return of property.

15. How do I obtain a judgment in small claims?: If the case is decided in your favor, you will get a judgment against the defendant. If the defendant fails to appear or answer, you will get a default judgment. Either way, you get a judgment. Your judgment will include court costs and fees allowed by law; filing fee, service fee, subpoena fees or witnesses, statutory attorney fees based on the amount of damages awarded, interest at 5% from the due date to date of judgment to be computed by the requesting party) and 12% thereafter until the amount is paid.

16. How do I enforce a judgment?: You may docket the judgment or commence a garnishment action.

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County

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1. Where do I check juror status?: Please call 262-741-4370 or 1-800-284-5879 to check juror status.

2. Where do I report for jury duty?: All court proceedings are held in the Judicial Center.

3. How do I pay my tax bill?: Your first payment should be made out to the municipality. Your second payment is made out to the Walworth County Treasurer, and can be mailed, paid through the Current Tax Payment Information page, or paid in person at the Treasurer's Office.

4. Where can I find a copy of the county directory?: The County Clerk is responsible for updating the county directory. Call them at 262-741-4241 with any questions or for more information.

5. Where can I find information on birth, death, and marriage certificates?: Call the Register of Deeds Office at 262-741-4233 for more information.

6. Where can I find land use information?: Call the Land Use and Resource Management Office at 262-741-4972 for land use information.

7. Where can I find tax bill information (payoffs, assessments, tax payments)?: Call the County Treasurer at 262-741-4251 for more information.

8. Where can I find zoning Information?: Call the Land Use and Resource Management Office at 262-741-4972 for more information on zoning.

9. Where can I find real estate records?: Call the Register of Deeds Office at 262-741-4233 for information on real estate records.

10. Where can I get a marriage license?: Call the County Clerk at 262-741-424 for marriage license information.

11. Where can I find genealogy (wills/probate records) information?: Call the Register in Probate Office at 262-741-4256 for more information.

12. Where can I find information about the Walworth County Fair?: Call The Agricultural Society at 262-741-3228 for information about the Walworth County Fair.

13. Where do I find information about public hunting land?: View the Wisconsin Department of Natural Resources website for more information about public hunting land.

14. Where do I find information about a driver's license?: View the Wisconsin Department of Transportation website for driver's license information.

15. Where do I find information about Walworth County Employee Wellness Council?: View the Employee Wellness Council page for more information.

16. Where do I find public records information?: View the Services page to find public records.

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County Treasurer

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1. When are property tax bills mailed out?: Property tax bills are mailed out by each municipality by mid-December of each year.

2. What should I do if my property tax bill is not received?: If you do not receive your property tax bill by December 20th please contact your local treasurer. Failure to receive your property tax bill does not exempt you from paying property taxes timely, and interest and penalty due to delinquency.

3. Where do I pay my property taxes?: Prior to January 31st of each year, all current year property tax payments and checks should be made payable to and paid to your local treasurer. After February 1st, property tax payments should be made payable to and paid to the Walworth County Treasurer.

4. What information should be included when paying my property taxes?: Please include a stub from your tax bill. If not available, write the tax parcel number on your check. If sending one check for multiple payments, please include a list showing each tax parcel number and amount to apply to each parcel number.

If you want a receipt, please enclose a stamped, self-addressed envelope. Tax receipt is not valid until all payments have cleared all banks.

5. What determines a timely payment?

Please refer to the back of your tax bill for the statutory definition of a timely payment on current year tax payments. For delinquent payments, the statutes allow for United States Postal Service postmarks to be used as the effective date of payment.

Please have the Post Office hand stamp your envelope with the current day's postmark if paying at the end of a month.

6. What happens if my property tax bill is delinquent?: Delinquent property taxes are charged interest and penalty at a rate of 1.5% per month on the unpaid tax owed, beginning February 1st until paid in full. All delinquent property taxes are payable to the Walworth County Treasurer’s Office. If property taxes are delinquent for 2 or more years, the property will be subject to foreclosure.

7. How can I get a copy of my property tax bill?: Tax bill information is available on this Walworth County website. A copy of the tax bill can also be obtained from the Treasurer's office at a cost of $1 per copy. Send a self-addressed, stamped envelope along with your written request including the tax year, tax key number and payment to:
Walworth County Treasurer
P.O. Box 1001
Elkhorn, WI 53121

8. Who qualifies for the Lottery and Gaming Credit?: Homeowners in Wisconsin who use the home as their primary residence on January 1st of the year in which the property taxes are levied qualify for a lottery and gaming credit. View more information on the Department of Revenue website.

9. What is the First Dollar Credit?: Beginning with the 2008 tax bill, State of Wisconsin taxable parcels containing a real property improvement qualify for the First Dollar Credit. Find more information about First Dollar Credit.

10. What if I have a question about my assessment?: All assessment questions should be directed to your local assessor. For more information please contact your local treasurer using the Municipality Directory.

11. Where do I pay my personal property taxes?: All personal property taxes for businesses or mobile homes are due to your local treasurer by January 31st. Please refer to the Municipality Directory.

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District Attorney

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1. When can I communicate with the prosecuting attorney assigned to my case?

If you are a defendant and have hired an attorney, our office will not be able to communicate with you. We are only able to communicate with your attorney regarding your case.

If you are a defendant and have not hired an attorney, you may complete a form called Waiver of Your Right to an Attorney. This form can be obtained from the Clerk of Courts Office at the Judicial Center. After you have completed the form, sign it and file it with the Clerk of Courts Office. Once the form has been filed and we have received a copy, you may contact our office to communicate with the prosecutor assigned to your case.

2. How do I get copies of police reports?: If you are looking to obtain access to or copies of police reports, you must go directly to the police agency that prepared the reports and make an open records request. There may be a fee to obtain police reports.

3. Does your office handle child support issues?: No, our office does not handle child support matters. Any child support questions should be directed either to your attorney or the Child Support Office in the Judicial Center. That phone number is 262-741-7100. Our office only becomes involved in child support matters when a criminal child support case has been referred to us.

4. Does your office handle civil matters for private citizens?: No, our office does not handle civil matters. We do not represent private citizens. We represent the County of Walworth and the State of Wisconsin only.

5. How do I file a small claims action?: If you would like to commence a small claims action against another party you can obtain and file the paperwork with the Clerk of Courts Office in Room 2080 of the Judicial Center. You may also contact the Clerk of Courts Small Claims division at 262-741-7019 for more information.

6. I have been charged with a crime. I would like an attorney to represent me, but I can not afford one. What can I do?

You may go directly to the State Public Defender's Office located at:
209 O'Connor Drive
Elkhorn, WI 53121
Phone: 262-723-3212

They will discuss the steps you need to take to determine if you are eligible for public defender representation. If you are not eligible for public defender representation, the public defender's office will give you a form called Notice of Ineligibility. The Public Defender's Office will also give you a Motion for Appointment of Counsel. Fill this form out and file the original with the Clerk of Courts Office. The Judge will then decide at the next court hearing whether or not to grant your motion for appointment of counsel.

7. I would like to file or drop charges against someone, how do I do that?

If you wish to make a complaint against someone, go to the police agency where the violation occurred and make a complaint to a police officer. You cannot make your complaint directly to our office. The police officer will investigate the matter and refer any appropriate charges to our office for prosecution. An attorney from the District Attorney's office will decide whether or not to file charges.

Once charges have been filed from the District Attorney's office only the attorney can decide to drop the charges.

8. The judge has ordered someone to have no contact with me. How do I get the Judge to lift that no contact order?: There is a page of instructions entitled "To Lift the No Contact". See the table of contents of this website. A printed copy can also be obtained from the Clerk of Court's office.

9. How do I change my court date?: If you have an attorney, contact him/her with this question. If you do not have an attorney, you must contact our office to inquire whether or not the prosecutor assigned to your case objects to your request. You must then call the Clerk of Court's office at 741-7012 to advise the court of the prosecutor's position and of your request for a new court date. The Judge will make the final decision to grant or deny your request.

10. What are the conditions of a bond?

The following conditions apply:

You must appear at all court hearings as ordered.
You must notify the Clerk of Court's office of any change in your address in writing within 48 hours of changing your address.
You must not commit any crimes.
You must not directly or indirectly threaten, harass, intimidate, or otherwise interfere with victims or witnesses in the case.
Any other conditions as appear on the bond you signed. (For example: no alcohol, no weapons, no contact with named people. See your bond for all conditions.)

11. How long do the bond conditions last?: The bond conditions last until the case is dismissed or the defendant is sentenced for the crime.

12. Why did I receive a subpoena?: The prosecuting attorney believes that you have relevant testimony necessary to prosecute the case.

13. How long does it take for a case to be resolved in the criminal justice system?: There are many factors involved for each case. Some cases are resolved within several weeks, whereas others may take several months.

14. How can I get my property released?: Contact the police agency that is holding your property. They will then contact the District Attorney's office regarding this matter. The police department will then contact you regarding the release of your property.

15. I have a complaint about a company. Who should I contact?: Contact the State Department of Justice at the Department of Justice.

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Lakeland School

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1. Who do I call when my child is sick and will not be at school?: If is important to keep the school updated if your child will not be in attendance due to illness or other planned/unplanned absence. Please contact the main office at 262-741-4118 to report an absence. You may also contact the School Nurse, if you have additional questions.

2. Where can I find the school calendar?: Links to upcoming calendar events are listed on the School website home page. A Quick Link to the school calendar is also posted on the For Parents webpage.

3. How do I find out if Lakeland School is closed?: During extreme winter weather, please refer to radio/television stations for possible closing information. Because Lakeland School is not part of any district schools, closing notification will be announced as 'Lakeland School of Walworth County'. See Emergency School Closings page for media links.

4. What type of program is available to 18-21 year old students at Lakeland School?: LSYou is programming available for students ages 18+ who have completed their Lakeland High School experience but require some continued services to work on their transition goals. LSYou students have not received their Diploma yet. LSYou provides opportunities for students to gain independent living skills, social skills, employment skills, and self-advocacy skills in real-life settings and to participate in age-appropriate activities in the community appropriate for each student and their post-secondary goals. See the LSYou Department webpage for additional information.

5. When is summer school?: Summer school is typically held for three weeks in the month of July. For specific dates, please refer to the calendar details on the Lakeland School Homepage.

6. What is School Fest?: School Fest is a parent-teacher sponsored event in which the proceeds are used to supplement the unique Special Education programming needs for each and every one of Lakeland School students. See the School Fest Webpage for additional information.

7. What sports does Lakeland offer?: Lakeland School students participate in many sports offered through Wisconsin Special Olympics. Please visit the Athletics page of the school website for additional information.

8. How do I enroll my child at Lakeland School?: Lakeland School is an IEP placement option for residents of one of the 15 school districts in Walworth County. Students are placed in programs such as Lakeland School, based on an IEP team determination of need. Lakeland School is one option within a range of services. Less restrictive, mainstream options are always considered prior to placement. Parents and other members of the IEP team are encouraged to explore all options to endorse the program and placement most appropriate for each student. Please contact Your Walworth County School District to discuss Lakeland School as a placement option.

9. If I change school districts within Walworth County, can my child still attend Lakeland School?: Lakeland School is an IEP placement option for residents in all of the 15 school districts in Walworth County. If, while attending Lakeland, you change your district of residence within the County, your student is eligible to continue at Lakeland School. Please notify Lakeland School (262-741-4118) of your move and contact your new Walworth County School District to register your student, and discuss continuing placement at Lakeland School. Students are placed in programs such as Lakeland School, based on an IEP team determination of need. Lakeland School is one option within a range of services. Less restrictive, mainstream options are always considered prior to placement. Parents and other members of the IEP team are encouraged to explore all options to endorse the program and placement most appropriate for each student.

10. Who do I contact if I want my Lakeland student to return to their local (resident District) school?: Lakeland School is an IEP placement option for residents of one of the 15 school districts in Walworth County. Students are placed in programs such as Lakeland School, based on an IEP team determination of need. Lakeland School is one option within a range of services. Less restrictive, mainstream options are always considered as part of a student's placement decision. Parents and other members of the IEP team are encouraged to explore all options to endorse the program and placement most appropriate for each student. If you would like to discuss placement within /return to your District of Residence, please contact the Assistant Director of Special Education at 262-741-4118 or your Walworth County School District.

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Lakeland School - Positive Behavioral Intervention & Supports (PBIS)

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1. What is a (PBIS) Behavior Matrix and how is it used in school?: The behavior matrix is a detailed description of expected behavior in seven settings of our daily school life. For example, in the cafeteria, it is respectful to talk with our peers at our table at a voice level three, and say "Please" and "Thank You." It is responsible and safe to clean your space. The matrix will be posted in classrooms, around school, and sent home.

2. How will PBIS be recognized?: Acknowledging and reinforcing positive behavior is one of the best ways to change inappropriate behavior. At Lakeland School, staff will be rewarding students regularly with UR Cool tickets for displaying characters of good citizenship. Students will be able to recognize their peers by issuing a School Shout Out to be mentioned over the loudspeaker at the start of each day. These students that are recognized will be entered in monthly and quarterly school-wide celebrations.

3. Does PBIS mean that we won’t discipline children for unacceptable behavior?: No, students will still have consequences such as time outs, detentions and/or other necessary forms of discipline. Detentions will continue to be used as a method of reteaching expectations in the school environment.

4. If I, as a parent, have a question about PBIS who can I contact?: Call, email, or write a note to your child's homeroom teacher. All Lakeland School staff will be trained in PBIS.

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Land Use & Resource Management - Conservation

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1. I think I have Gypsy Moths. What should I do?

There are a number of bristly, or tufted, caterpillars that are often mistaken for the gypsy moth. The gypsy moth caterpillar can be identified by five pairs of blue dots followed by six pairs of red dots down the length of back. The head is yellow and the entire body is covered with long hairs. By the end of June, they are 1 to 2 inches long. They do not build silk tents.

Management includes applying barrier bands around trees in April through May, applying burlap collection bands June to July, and pesticide treatments such as Bacillus thuringiensis (BTK) applied on young caterpillars mid May to early June when they are about a half-inch long or Golden Pest Spray Oil on the egg masses in late fall or winter. For photos and more information visit the Gypsy Moth website.

2. What trees do gypsy moths prefer to feed on?

They favor the following trees:

Alder
Apple
Basswood
Big-Tooth and Quaking Aspen
Box Elder
Chestnut
Crabapple
Gray, Paper, and River Birches
Hawthorn
Hazelnut
Hemlock
Hophornbeam (or Ironwood)
Larch (or Tamarack)
Lombardy Poplar
Mountain Ash
Oak
Pines (Expect Scotch)
Serviceberry
Spruces
Sumacs
Willow
Witch Hazel

3. I want to build a pond. Do I need a County Permit?

Yes, a County Zoning Permit and a County-approved Land Disturbance and Erosion Control Plan and Permit are required for any pond construction project in Walworth County. Pond construction must meet County Conservation Standards and County Zoning Standards.

County Pond Standards specifically restrict the construction of location and dimension of ponds in wetlands. If a pond is permitted in a wetland, it can not impair the functional values of the existing wetland. Only shallow wildlife ponds can be constructed in wetlands. Other standards apply for any pond construction in wetlands.

A permit or plan approval must also be obtained by the Wisconsin Department of Natural Resources for pond construction connected to or near other bodies of water or in wetlands.

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Land Use & Resource Management - Planning

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1. What are the procedures for obtaining a rezone or conditional use?: View the rezoning/conditional use procedures (PDF).

2. How exactly does the process for a rezone or conditional use proceed?: Take a look at the Rezone and Conditional Use Process Flowchart (PDF).

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Land Use & Resource Management - Zoning

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1. What Ordinances do Walworth County Land Use and Resource Management regulate?

The following ordinances are regulated:

Animal Waste Management Ordinance
Citation Ordinance
Erosion Control and Storm Water Management Ordinance
Non-Metallic Mining Ordinance
Renewable Energy Ordinance
Sanitary Ordinance
Shoreland Zoning Ordinance
Subdivision Ordinance
Telecommunication Tower Ordinance
Zoning Ordinance

2. When is a Zoning Permit required?

A zoning permit is typically required for any construction, addition or alteration of any structure, within the County's jurisdiction, including but not limited to:

Carports
Decks
Dormers
New or Replacement Retaining Walls
Patios
Porches
Sheds
Shoreland Vegetation Removal or Grading
Shoreyard Stairs and Landings
Towers

A structure is defined as anything constructed or erected. Single Family Residences or other principle structures on a parcel, additions, roof alterations, accessory structures (greater than 100 square feet in size), and signs are included.

Shoreyard Permits

In addition, in the shoreyard (75 feet from a lake or stream) permits are required for:

Boathouses
Patios
Retaining Walls
Stairways
Tree and Brush Removal

Additional Information

Please contact our office for an explanation of these regulations relative to these types of uses with the County's zoning jurisdiction.

3. What if I am only replacing what is there, do I still need a zoning permit?: A Zoning Permit is typically required even if the structure exists and the person is replacing it.

4. What is the process for applying for a zoning permit?

A zoning permit application form must be completely filled out and a plat of survey (prepared by a registered land surveyor showing all existing and proposed structures) shall be attached to the permit application, including the required fee (Zoning Fees (PDF)). Any construction started without permit approval will be charged a double fee. Additional supporting materials may be required for certain projects such as building plans, grading plans, existing and proposed contours, etc. Zoning permits are valid for two years.

If your zoning permit is denied, the applicant has 30 days to appeal the denial to the Walworth County Board of Adjustment (Variance Application (PDF)). Depending on the request, additional reviews of the proposed project may be required by the:

Permit Process Outline

Apply for Zoning Permit and any other applicable County Permit (i.e, Erosion Control Permit, Sanitary Permits, Address Request).
The Code Enforcement Officer reviews the permit.
The permit is either issued or denied.
1. If the permit is issued, the property owner must obtain a Building Permit through the appropriate Township Building Inspector.
2. If the permit is denied, the owner may either amend their plan to meet with the Ordinance provisions and submit the new plan for reconsideration; or apply for a variance.
Construction may commence.
The Zoning Permit will require one of the following:
1. An updated plat of survey within 30 days of backfilling the foundation.
2. An inspection of the project upon backfilling or the submittal of a waiver form.
It is important to read the permit card and comply with any condition of approval. Please remember; it is ultimately the property owner's responsibility to comply with any conditions of the permit as issued!
Submit the required survey, waiver, or call 262-741-4972 for an inspection.

5. Is a zoning permit required for a fence?: No, a zoning permit is not required from Walworth County, provided the fence does not exceed 6 feet in height. A fence is required to be located at least 2 feet from the right of way, at least 75 feet from a waterbody, and is not permitted to be greater than 2.5 feet in height in the vision triangle of an intersection (Fence Regulation Diagram (PDF)). Please contact the appropriate Code Enforcement Officer for further guidance and explanation of these regulations.

6. Do I need a permit from the Walworth County Land Use and Resource Management Department for my construction, land disturbance or vegetation removal project?: Yes. Many construction and related activities require some type of permit from the Zoning, Sanitation and Land Conservation Division if the property is located with the County's zoning jurisdiction. Please contact our office for an explanation of these regulations relative to these types of uses with the County's zoning jurisdiction.

7. Why does the County require an inspection or an updated survey be submitted even though the Building Inspector inspects the construction?: The Walworth County Zoning and Shoreland Zoning Ordinances regulate land use and setbacks from property lines to structures. The Building Inspector at the Township level reviews and inspects construction relative to compliance with the State of Wisconsin Uniform Dwelling Code. Simply stated, the Zoning office and the Building Inspector regulate two distinctly different regulations, therefore, different conditions of approval are required.

8. How do I find out what zoning district my property is zoned?

There are several options to choose from:

Visit our website and utilize the Interactive Mapping System.
A code enforcement officer may be able to assist you over the phone if enough property information is provided. At a minimum, the tax key number is required.
Come into the office and look on the aerial maps. They have the zoning and shoreland marked on them.
Make an appointment with a code enforcement officer.
If you need the zoning in writing, there is a form to be completed and a $50 fee charged.

To learn how to find your zoning, click here

Zoning Districts

If your property is within the County's zoning jurisdiction, it has been designated by a particular zoning district. Each district outlines the zoning requirements (example: Permitted uses, conditional uses, setback requirements, lot area and width requirements, etc.) that are applicable to each zoning district. There are 31 different zoning districts in Walworth County ranging from:

Agricultural
Business
Conservation
Industrial
Park
Residential

You will need to have the tax key number of the property to determine the location of the property thereby determining the zoning district designation.

To learn what the different zoning districts mean, click here

Maps

Maps are available in our office to assist in determining the zoning classification on your property. Call our office 262-741-4972 for assistance.

9. What areas are in the County’s zoning jurisdiction?: Walworth County jurisdiction includes all, or portions of, the 16 Towns in the county. The County's jurisdiction does not include non-shoreland extraterritorial zoning around the city of Elkhorn, Village of Williams Bay, and Village of Fontana. The County's jurisdiction does not include non-shoreland areas in the Town of Bloomfield. The County's zoning jurisdiction does not include cities or villages. You should contact the appropriate municipality for their zoning requirements.

10. What Walworth County permits will I need to construct a single family residence?

A zoning permit application, which regulates where the residence is placed on the property. A sanitary permit, which regulates where, what type and size of septic system is being installed on the property. An erosion control permit, which regulates what land will be disturbed, for how long and how will it be stabilized during construction. The Walworth County Land Use and Resource Management Department reviews and issues all three permits together to assure fewer problems in the construction process. Once the County permits are issued the applicant shall contact the appropriate Town for the applicable Town Building Permit.

View Town Building Inspectors (PDF).

11. When is the Zoning office open?: The Walworth County Land Use and Resource Management Department has office hours on Monday though Friday, from 8 a.m. to 5 p.m.

12. Do I need an appointment to apply for a permit?: Permit applications can be submitted in person or by mail. If the applicant would prefer a zoning staff member's time to look at the application prior to submittal, appointments are recommended, but walk-in hours are also available. The phone number for the Walworth County Land Use and Resource Management Department is 262-741-4972.

13. Where is the Land Use and Resource Management Department located?

The office is located at the:
Government Center (Old Courthouse)
100 W Walworth Street
2nd Floor
Elkhorn, WI 53121

The reception area is at the top of the central stairway on the second floor.

14. Where can I obtain my tax key number?: Your tax key number can be found on your Real Estate Tax Bill.

15. Where can I find the legal description of my property?: The legal description can be found on a copy of the plat of survey for the property, or a less descriptive legal description can be found on a copy of your property tax bill.

16. Do I need a permit to cut/remove trees on my property?: Yes, the County has regulations regarding tree/vegetation that can be removed and how much vegetation can be cut in the Shoreland and Floodplain jurisdictional areas, (1,000 feet from a lake, pond or flowage, and/or 300 feet from any other navigable body of water or in its floodplain whichever is greater). Please contact our office for a determination as to whether or not any of the above regulations apply to your property prior to removing any vegetation on your property.

17. Can I store unlicensed and/or inoperable vehicles on my property?: No, the Walworth County Code of Ordinances strictly prohibits the storage of more than one unlicensed and/or inoperable vehicle on properties within the County's zoning jurisdiction. Please contact our office for an explanation of these regulations relative to these types of uses with the County's zoning jurisdiction.

18. Do I need approval to operate a home occupation from my residential property?: Yes, Walworth County requires filing as a minor home occupation or conditional use review and approval (Conditional Use form). Please contact our office for a detailed explanation of these regulations prior to commencing a home occupation or professional home office.

19. Is more than one dwelling unit allowed on a property?: In general, more than one dwelling unit on a property is not permitted. The zoning ordinances provide for this type of use under limited circumstances based on the zoning district the property is located in. Please contact our office for an explanation of these specific regulations.

20. Can I have an in-law unit or a guest house on my property?: In general, more than one dwelling unit on a property is not permitted. The zoning ordinances provide for conditional use review of planned residential developments in certain zoning districts based on minimum lot area requirements. Please contact our office for an explanation of these specific regulations.

21. Can I have a mobile home on my property?: The mobile home would have to have at least 22 by 22 feet minimum core living area and be placed on an enclosed foundation to be permitted in an area that would permit a single-family residence. Please contact our office for an explanation of these regulations relative to these types of uses with the County's zoning jurisdiction.

22. Does the County issue permits for piers and other structures placed on the bed of a water body?: No, the County does not issue permits for private piers. Contact the Wisconsin Department of Natural Resources at 262-574-2100 and/or the Town for any permit requirements. The Commercial use of a pier may require Walworth County review and approval.

23. Can I have a boathouse on my property?

The Shoreland Zoning Ordinance permits boathouses provided it is not a wet boathouse. The boathouse shall be located to as to minimize earth disturbing activities and shoreland vegetation removal, shall be designed exclusively for the storage of watercraft and related marine equipment and shall not be used for human habitation or commercial purposes. A boathouse with rooms above or within, used for purposes other than the storage of watercraft and related marine equipment, shall not be deemed to be a boathouse. Features inconsistent with the use of the structure exclusively as a boathouse are not permitted in or on boathouses such as:

Cooking Facilities
Fireplaces
Heating
Patio Doors
Plumbing

The boathouse shall not be closer than three feet to any side lot line. Railings are not permitted on top of the boathouse, nor shall roofs be designed to provide general outdoor living space, i.e. as a deck. Only one boathouse is permitted on a lot. Please contact our office for explanations of other size and location regulations.

24. How many accessory structures can I have on my property?: Walworth County zoning does not limit the number of accessory structures but limits the total square footage of all accessory structures on a parcel. The square footage limitations are based on lot area. Please contact our office for an explanation of these regulations.

25. I have a vacant piece of land. Can I construct an accessory structure, without a residence, on the parcel?: No. Only Agricultural zoned land can have agricultural-related structures on a parcel without a residence. Please contact our office for further explanation of these regulations.

26. Can I have horses on my property?: Walworth County Zoning permits horses on lands zoned A-1, A-2, A-3, A-5, and C-2. Any building that has animals in them is required to be 100 feet from all side and rear property lines. Please contact our office for further explanation of these regulations.

27. What if I have a sub-standard lot or structure?: If you have a lot or structure that is sub-standard, please contact our office for an explanation of the regulations that may apply to your particular situation.

28. What if I have a legal non-conforming structure?: If you have a structure that is legal non-conforming, please contact our office for an explanation of the regulations that may apply to your particular situation.

29. Who do I contact for regulations governing land divisions (subdivisions and certified survey maps)?: Walworth County has plat review authority for land divisions in Walworth County. The County also administers the Walworth County Subdivision Control Ordinances. Please contact our office for an explanation of these regulations and the County's subdivision review authority prior to commencing any land division.

30. I want to build a pond. Do I need a County Permit?

A permit or plan approval must also be obtained by the Wisconsin Department of Natural Resources for pond construction connected to or near other bodies of water or in wetlands.

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Medical Examiner

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1. Who can I speak to about a death investigation?: To inquire about a death investigation, you may contact our office at 262-741-4729. Our normal business hours are Monday through Friday. Please provide your name, the name of the deceased, the date of death (actual or approximate), and your relationship to the deceased when calling.

Keep in mind that, while we do our best to keep families informed, we may not be able to answer all questions if the investigation is incomplete or if release of information would compromise an active criminal investigation.

2. Is it necessary that I identify the body at the Medical Examiner's Office?: Only in rare instances do we require family members to come to our facility to make a visual identification based on a photograph (for example, when the remains are those of an unidentified person or when the identification has not been previously confirmed). The Walworth County Medical Examiner's Office does not allow the viewing of decedents at our facility under any circumstances. Since the funeral home is the more appropriate setting for the viewing of remains, we ask families and friends to be patient and allow us to complete our examination, so that the decedent can be quickly released to the funeral home of their choice.

3. How can I find out about the cause of death?: Following the post-mortem examination of a decedent's body, the Deputy Medical Examiner (Investigator) will contact the legal next of kin with preliminary findings (if they wish to be notified). If the cause of death cannot be determined immediately (requiring further investigation and/or studies), you may request that a copy of the final autopsy report be mailed as soon as it is complete.

4. How can I retrieve my loved one's personal possessions?: All personal property that is received with the decedent's body is released to the funeral home chosen by the legal next of kin. In some instances, personal property may be retained by law enforcement or the Medical Examiner's Office for evidentiary purposes. A property release form listing all property with the decedent is signed by the person transporting the decedent for the funeral home.

5. When will my loved one's body be released?: The Medical Examiner's Office does everything possible to complete examinations and release bodies within the shortest period possible. In the majority of cases, bodies are examined and released within 24 hours. Since autopsies are not routinely performed on Sundays or holidays, releases involving such periods may be delayed slightly.

6. How long does it take to get the results of the postmortem examination/investigation?

In many cases, the cause of death is evident at the time of autopsy. In these cases, the death certificate is completed immediately and the examination report will typically be mailed out shortly thereafter. In other cases, the cause of death may require additional studies, and therefore, additional time. Many of these studies require processing and analysis of specimens by consulting laboratories, whose turn-around times are not controlled by the Walworth County Medical Examiner's Office.

Delays

Toxicology analysis is one of the most frequent reasons for a delay in completing an investigation and death certificate. Forensic toxicology (in Medical Examiner Office cases) is very different from the drug testing performed in hospitals. Toxicology analysis may only take 4 to 6 weeks if no drugs are present; however, 6 to 8 weeks are typically required to perform the necessary confirmations and quantitations of drugs detected. Longer toxicology turn-around times are required in cases where numerous drugs were involved, where unusual drugs are involved, or if the person is decomposed.

Finally, the death investigation may be prolonged if the pathologist's initial suspicions are not confirmed. For example, if the death is strongly suspected to be the result of drug toxicity, but the toxicology analysis detects no drugs, the forensic pathologist may submit additional tissues for microscopic examination and/or may consult with the certified forensic toxicologist to make decisions on analyzing further specimens for unusual substances. The forensic pathologist may also confer with the law enforcement agency investigating the death to consider other possibilities (asking the police to return to the scene of death or to interview additional witnesses).

Timeline

As one might suspect, all death investigations are different, and determining the cause and manner of death may require a great number of steps, each requiring time to complete-the time needed to complete some of these steps may not be under the control of the Medical Examiner's Office. We greatly appreciate the patience of families and friends in these matters as we try to provide accurate and complete answers.

7. How can I get a copy of the death certificate?: The death certificate is completed in two sections: the medical portion is completed by the forensic pathologist of the Medical Examiner's Office, while the remainder is completed by the funeral home. Once the death certificate is completed, it is the responsibility of the funeral home to file the document with the Wisconsin State Office of Vital Statistics. The funeral home can then provide you with the copies of the death certificate.

8. Can a "pending" death certificate be used as proof of death?: Yes, "pending" as cause and/or manner of death implies that additional studies are necessary, such as drug testing, microscopic tissue examination, etc. A death certificate, even a pending certificate, is a legal document which serves as proof that the named individual has been pronounced dead. If any problems arise in the acceptance of this document as proof of death, please call the office at 262-741-4729 for assistance.

9. What if the funeral is held out of state?: When a funeral and burial is to be held in another state, the family should contact the funeral director of their choice in that state. That funeral director will then take charge of making arrangements for the transport of the decedent's body by contacting a local funeral director. The family should notify the out of state funeral director that the deceased's death is being investigated by the Medical Examiner's Office.

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Medical Examiner - Autopsies

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1. What determines whether or not an autopsy is necessary?: The Walworth County Medical Examiner's office will consider the facts of each case individually. Once we receive all of the pertinent information regarding the circumstances surrounding the death, we will determine what level of investigation/examination is necessary to determine the cause and manner of death. In some cases, this will require the performance of an autopsy.

2. What is an autopsy? Will it affect the funeral arrangements?

An autopsy is a medical examination of a decedent and consists of two parts: an external examination and an internal examination. During the external examination, the decedent is first examined as received (including any clothing present), again after removal of clothing, and yet again after being cleaned up. Throughout the examination process, the findings (traumatic injuries, disease states, etc.) are documented. Following the external examination, the decedent is then examined internally, with all organs and tissues examined for the presence of injuries and pre-existing natural disease.

In the course of an autopsy, samples of various organs, tissues, and body fluids are retained for additional studies, if warranted. These studies include toxicology (testing for drugs, etc.), microscopic examination and microbiology (bacterial, viral, or fungal cultures). In addition, other items of evidence may be collected, such as:

Bullets
Fingernail Clippings
Hair
Knife Blades
Ligatures
Sexual Assault Swabs
Trace Evidence

Funeral Arrangements

The performance of an autopsy should not affect funeral arrangements. The incisions made during autopsy are easily concealed by a funeral director and are not visible during the funeral visitation. The performance of the autopsy should not delay the funeral under most circumstances.

3. Will I have to pay for an autopsy?: No. There is no charge to the family for an autopsy on a death which falls under the legal jurisdiction of the Walworth County Medical Examiner's office.

4. Will the Walworth County Medical Examiner's Office perform an autopsy on a Walworth County death which does not fall within its legal jurisdiction (a "private" autopsy)?: It is the policy of the Walworth County Medical Examiner's office not to perform "private autopsies" on Walworth County deaths, as it is felt to represent a possible conflict of interest. As this is a county office, funded by tax dollars, the performance of autopsies on Walworth County deaths is restricted to those which fall within our legal jurisdiction. In other words, the medical examiner's office is not mandated to perform an autopsy on any Walworth County death-only on those over which jurisdiction is assumed. The office may, however, be able to provide next-of-kin with contact numbers for pathologists known to perform private autopsies. Be aware that the cost of a private autopsy is the financial responsibility of the legal next-of-kin.

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Public Works

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1. How do I report a pothole/road issue?: Email Public Works the exact location.

2. Who is responsible for my road?

Letter roads (A, H, P, etc.): Walworth County
Number roads (50, 12, I-43, etc.): Walworth County maintains state roads. Road signs, traffic safety concerns, etc. are the responsibility of the state.
Named roads (Potters, Townline, Phoenix, etc.): Town, Village or City. The county does not have jurisdiction over any of these roads.

3. How do I report damage to my mailbox?: Email Public Works the name, address, date, and approximate time.

4. How do I report a dead deer?: Email Public Works the exact location using the nearest crossroad along with an address if possible.

5. Why do we salt the roadways in the winter?: Salt is used to make the roadways safer during the winter. It lowers the freezing point of snow and ice and keeps the snow "workable" so it is more easily removed. Salt can be used for anti-icing, de-icing, or melting. Anti-icing is a technique where chloride is applied to the roadway prior to a storm to prevent the snow/ice from bonding to the pavement. De-icing and melting is when chloride is applied after the storm has begun in order to break up ice and snow pack or to melt glare/black ice.

6. What are the limitations of road salt?

The minimum practical applications range for salt is a pavement temperature of 15 to 20 degrees Fahrenheit and above. While salt will melt snow and ice down to a pavement temperature of negative 6 degrees Fahrenheit, it can melt over five times as much ice at 30 degrees Fahrenheit as at 20 degrees Fahrenheit. Thus the effectiveness of salt is sensitive to small differences in pavement temperature. We attempt to apply only the amount required for temperature, time and use. Too little and the roadway will refreeze, too much is a waste of money and resources.

When the pavement temperature drops below 15 degrees Fahrenheit the effectiveness of salt is decreased significantly. At these lower temperatures, we typically cease straight salt applications and begin adding other chemicals to the salt such as calcium chloride or magnesium chloride that will lower the freezing point even further. Wind conditions must also be considered when deciding on whether to apply salt or other de-icing agents. As the temperatures drop and the snow becomes dryer, the wind can begin to blow the snow across the pavement. If there is a chemical residue left on the pavement from a previous salt application, blowing snow can be attracted to the residue and stick to the pavement creating hazardous conditions that would not have existed if no de-icing agents were previously applied.

This is why we are sometimes reluctant to apply salt or chemicals when the pavement temperatures are below 15 degrees Fahrenheit. The type of pavement can also affect the effectiveness of salt. For example, salt works better on new asphaltic (blacktop) pavements than on concrete pavement. The salt being used today typically includes other ice melting de-icing agents to increase its effectiveness at lower temperatures and to help it better adhere to the pavements. Adding other de-icing agents to the salt also reduces the number of applications needed. WisDOT is always looking for new ways to reduce the amount of chlorides needed to return the roadways to safe winter driving conditions.

7. Why doesn’t the County use more sand?: Our experience, and the body of research on the use of sand, indicates the benefits of abrasives (sand) applied to roadways are very minimal. Abrasives are easily displaced from the roadway by traffic and they have no ice melting properties. There are also negative environmental consequences such as air pollution and siltation of waterways.

8. Am I allowed to pass a snowplow?

There are no state laws that prohibit you from passing a snowplow. However, it is illegal (State Statute 346.915) to follow a snowplow closer than 200 feet upon any highway having the posted speed limit of more than 35 miles per hour if the snowplow is engaged in snow and ice removal. The majority of crashes involving snowplows and vehicles happen when a snowplow is rear ended or hit while being passed.

Snowplows have wing plow blades that can extend anywhere between 2 and 10 feet beyond the width of the truck. This wing and plow blade is often not seen because of the snow cloud being kicked up by the snowplow. These wing plows can often weigh as much as a compact car.

9. Who determines when the snowplows are called out?: Under department policy, Highway Division Superintendents determine when and how to respond to a storm, including calling out crews.

10. Why is it that I never seem to see a snowplow during a winter storm?: This department is responsible for snow removal on approximately 1,150 centerline miles of roadway and 130 bridges. The average time to complete a section is approximately 2 hours, but some cycle times can be as long as 3 hours. Time is also needed to load and reload the truck with de-icing materials.

11. Why the difference in performance from storm to storm?: One of the biggest factors that determine performance is the type of storm and range of temperatures. There are reportedly more than 60,000 combinations of winter storms that can hit Wisconsin during the winter and each poses unique problems to snowplow operators. Storms with low temperatures can be difficult because deicing agents become less effective at the lower temperatures. Storms with high winds also are a challenge because the snow quickly blows back onto the roadway after the plows pass.

12. Why are you spraying water on the roadway on a perfectly clear day?: We are actually spraying a liquid salt solution on the roadway that will help keep snow and ice from bonding to the pavement. Spraying a salt solution on the roadway is similar to spraying a frying pan with oil to keep food from sticking to the bottom of the pan. The salt solution acts as a barrier so that the snow and ice won't form a strong bond to the pavement. In many locations we will spray the bridge decks the afternoon before a predicted frost. The early application of the salt solution helps prevent frost from forming on the bridge decks throughout the night.

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Public Works - Parks

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1. May I camp in the parks?: A "Special-Use" permit must be requested and granted prior to camping in the County parks.

2. Is there electricity at the parks?: There is electrical power at each shelter. However, the amperage for the outlets is low. For example, there is only 15 amp service at White River Park. Depending on your event, you may want to consider bringing a generator.

3. May I build a campfire at the parks?: Fires (such as campfires) are prohibited. A special use permit may be granted if the fire is in a container designed for eliminating the spread of the fire.

4. May I use a gas grill at the parks?

Gas grills may be brought and used at the shelters. There are also grills available at the following parks:

5. May I hunt or trap in the parks?: Some hunting is allowed, but only at White River Park. A permit must be granted by Walworth County.

6. How many parking spaces are available at the parks?

Park	Approximate Number Regular Parking Spaces	Approximate Number Handicapped Parking Spaces
Natureland Park Log Cabin	9	1
Natureland Park Shelter	11	1
Price Park Shelter	50	2
White River Park Shelter	30	2

7. How many picnic tables are available in the park shelters?

The picnic tables in the shelters are bolted down. If you rent a shelter, you may move other picnic tables in the park to the shelter area, but they must returned to their original location after your event.

Park	Picnic Tables in Shelter	Picnic Tables Nearby
Natureland Park Log Cabin	10	4
Natureland Park Shelter	2	9
Price Park Shelter	2	5
White River Park Shelter	4	3

8. If I rent the park shelter, may I rent a large event tent and have it placed near the shelter?: Tents are allowed in the parks. However, no stakes may be used. Tents should be secured using cement blocks or similar objects.

9. What are the dimensions of the park shelters?

Park	Facility	Dimensions
Natureland Park	Shelter	24' x 32'
Natureland Park	Log Cabin	36' x 44'
Price Park	Shelter	32' x 28'
White River Park	Shelter	27' x 38'

10. May I use an ATV at any of the parks?: Use of an ATV or other low-powered, mechanically-propelled vehicle, is acceptable if it's being used to go from the parking lot to the shelter. It cannot be used on the trails.

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Register in Probate

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1. What is Probate?: Probate is the process that transfers a decedent's property to persons entitled to receive it, pays creditor's claims, and determines and pays any state or federal taxes.

2. I have an original will of a relative who just passed away. There are no assets that require probate. What do I do with the original will?: Every person, other than the executor, having the custody of a will, shall within 30 days after he or she has knowledge of the death of the testator, file the original will in the proper court or deliver it to the person named as executor in the will. Every person named as executor shall, within 30 days after he or she has knowledge that he or she is named executor, and has knowledge of the death of the testator, file the original will in the proper court, unless the will has been otherwise deposited with the court.

3. What is the filing fee for probate?: The filing fee is 0.2% of the total value of the property subject to administration, or a minimum of $20.

4. What is the difference between being named a personal representative or an executor?: These are two terms referring to the person to whom letters to administer a decedent's estate have been granted by the court or by the probate registrar.

5. How do I search genealogy records?: The Probate Office has an index card file in the office that the public can access. Records filed after November 1996, are on the computer. Microfilm is available for viewing.

6. What is the cost for doing a probate search?: If an individual requesting the search comes into our office and looks up the record him/herself, there is not a search fee. If the search request is mailed to the probate office, there is a $4 search fee that must be paid in advance.

7. What is the cost for obtaining a certified copy of a document?: The cost is $3 for the certification plus $1 per page.

8. How much do you charge for copies?: Copies are $1 per page.

9. Do you give hearing dates out for probate/guardianship pleadings before they are filed?: No, pursuant to local court rule, the pleadings must be filed with the Probate Office before the clerk will assign a court date.

10. How do I file a claim?: You must fill out a claim form, have it notarized, and file it in the Probate office, along with a $3 filing fee.

11. I have a relative who died owning less than $50,000 in solely owned property, do I need to file a probate?: No, the property can be transferred using an Affidavit of Transfer form by any heir or guardian of the decedent. This form is available from any office supply store or online (form PR-1831). If you have questions regarding the use of this form, please contact the Supreme Court Forms Officer at 608-266-7143.

12. I have been appointed personal representative/executor for the estate of my uncle, who was an Illinois resident. My uncle owned a piece of real estate in Walworth County. What do I need to do?: If no personal representative has been appointed in Wisconsin, upon filing a certified copy of your appointment papers in Walworth County you may exercise power over the Walworth County real estate, including sale or assignment of the property.

13. Do I need an attorney to go through probate?

The personal representative must be represented by an attorney if formal probate is filed. The Wisconsin Legislature created a procedure for probating a decedent's solely owned property as well as property in which he had a joint tenancy interest in an informal manner without the necessity of processing the probate through the court and without the necessity of an attorney, if certain conditions are met. You may use an attorney, as needed, at any time during informal probate.

At any point in informal administration, you can ask the court to switch from an informal to a formal. The Registrar can also ask the court to switch to a formal, and you would then be required to retain an attorney. The Probate Registrar can answer questions on preparation of forms but cannot give legal advice.

14. Does all of the decedent's property go through probate?: The decedent's probate estate consists of all property that the decedent owned solely or as a tenant in common. Proceeds from a life insurance policy which are payable on the decedent's estate also require probate. Jointly owned property, survivorship marital property, life insurance, annuity, or retirement accounts that are payable upon death to a named beneficiary, or assets that are payable on death (POD) to another person (such as bank accounts) are not probate property.

15. Is a personal representative paid for his job?

The personal representative is allowed all necessary expenses in the care, management, and settlement of the estate. The personal representative shall be allowed a fee for his or her services. The amount of the fee is determined by the probate court, based on a statutory formula. If the decedent and the personal representative, or the persons who receive the majority interest in the estate and the personal representative, agree to a different amount, it must be in writing.

If the estate requires extraordinary services or is unusually difficult, the court may allow a greater fee. If a personal representative is derelict in his duty, his or her compensation for services may be reduced or denied.

16. Can I get informal forms on the internet?: Yes, many probate forms are now available on the Wisconsin Court website. These may be "downloaded" and are "fillable" forms. The Register in Probate's office also has an informal packet with a helpful informal handbook. You can obtain these in Room 2085 of the Walworth County Judicial Center.

17. How do I go about collecting proceeds from a life insurance policy from the decedent?: When a death occurs, normally the life insurance company requires the policy itself and a copy of the death certificate (available from the Register of Deeds). The life insurance agent can assist you in collecting the proceeds.

18. I had power of attorney for my loved one who just passed away. Can I still manage his/her affairs?: No, your power to act ends with the principal's death.

19. How do I transfer a motor vehicle?: The State Department of Motor Vehicles has a form that is used to transfer a vehicle to a surviving spouse, heir, or joint owner.

20. Who are the heirs?: Heir means any person, including the surviving spouse, who is entitled under the statutes of intestate succession to an interest in the property of the decedent. Refer to Wisconsin Chapter 852 for the order of distribution. Heirs are entitled to notice of probate proceedings and will inherit all of the decedent's assets if he or she did not leave a will.

21. When are the annual reports for guardians and trustees due?: Annual reports need to be filed no later than April 15th.

22. I lost my annual report form. Can I get a new one?: Yes. You will need to call the Probate Office at 262-741-7014 and request one.

23. I am a co-guardian/co-trustee. Do both guardians/trustees need to sign the annual report?: Yes, both guardians/trustees must sign the annual report.

24. Do I need to show the Court proof of assets listed on page 3 of the accounting?: Yes, be sure to send copies of bank statements or other documents you have to verify the amounts listed on the account.

25. Do I need to send a copy of my annual report to Walworth County Human Services?: No, we will send a copy to them.

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Register of Deeds

Show All Answers

1. How can I obtain Birth and Marriage Certificates for the REAL ID?

The U.S. Department of Homeland Security extended the REAL ID deadline to May 7, 2025; to learn more about REAL ID requirements and use, visit: https://www.dhs.gov/real-id. To make your Wisconsin Driver’s License a REAL ID, the Department of Transportation requires certified copies of birth certificates and, if needed, marriage certificates. Any Wisconsin Register of Deeds office can issue birth and marriage certificates for events that occurred in Wisconsin. You can also receive these via mail by ordering online at https://www.vitalchek.com/order_main.aspx.

Walworth County Register of Deeds accepts in-person requests from 8 a.m. to 5:00 p.m., we ask that you arrive by 4:45 p.m. so you have time to complete the required vital record application. At least one form of valid identification containing your current name and address is required to be presented at the time of application. In person requests are typically issued within 15-20 minutes.

2. What help can the Register of Deeds office provide for drafting real estate documents?

The Register of Deeds office is charged with the duty of being an independent custodian of records relating to real estate. As such, the only area in which we can offer assistance is with general processing questions. We cannot assist you with the actual drafting of documents. We highly recommend that you obtain legal counsel for these transactions.

Although several legal documents have been developed into fill-in-the-blank style forms and appear to be very easily completed, it is the answers to those fill-in-the-blank questions that are critically important. The appropriate answers can vary widely from person to person. Determining the correct answer for your situation constitutes legal advice. We are not licensed to practice real estate law. Furthermore, our role as custodian of the records prohibits us from assisting in the creation of the records.

3. I have been told I need to get a legal description of my property. Where may I obtain one?

The legal description of your property appears on your deed. While this seems simple enough, it can be complicated by two factors. If your property consists of a number of small parcels that have been combined over time, a simple concise legal description may not exist. The opposite can also be a problem. Your property may previously have been a large parcel from which smaller parcels were sold off.

In both of these cases, several documents and some interpretation may be required to construct a legal description. If the history of your parcel fits into either of the above categories, you should contact a registered land surveyor for professional assistance in writing an accurate, up-to-date legal description.

4. I paid off a Federal Income Tax Lien, but it still appears on my credit report. Why?

While Federal Income Tax Liens are recorded in the Register of Deeds office, we have no jurisdiction over the lien itself or any release documentation once the lien is satisfied. We cannot record a Release unless one is presented to us for recording. The Internal Revenue Service (IRS) changed their procedures several years ago and now consider their liens to be "self-releasing" after a certain number of years. As a result, they do not record Release of Lien documents as they did in the past.

It is our observation that credit-reporting agencies generally do not read documents. They only look at the index and may be unaware of the self-releasing feature. However, if you contact the IRS, their staff may prepare a Certificate of Release that you can record which should clear your credit report. Contact the manager in charge of preparation of federal tax liens at 800-913-6050.

5. We recently paid off the mortgage on our home. When will we get a new deed showing that we no longer owe the bank anything?

If you glance at your deed, you will notice that your name appears as "grantee", but the bank is never mentioned. That means that when you pay your mortgage in full it is not necessary to update your deed.

What does need to be done is to have a Satisfaction of Mortgage document recorded with the Register of Deeds office. Financial institutions are required to record such a document within a specified timeframe. If you receive a Satisfaction of Mortgage endorsed by a Register of Deeds with a time, date and document number, nothing further needs to be done. If you have not received the endorsed satisfaction, you should check with your lender to be certain they processed the appropriate paperwork.

6. I am considering purchasing a parcel of real estate. How can I find out what liens, if any, have been filed against it?: If you are borrowing money from a financial institution in order to purchase the real estate, a title search will be ordered by that financial institution well in advance of the closing. This search will reveal any outstanding liens. If no financial institution is involved, then you will want to contract directly with a title company for a complete title search.

7. Can I do my own title search?

Strictly speaking, the answer is "yes". Practically speaking, however, the answer is probably "no".

The records in the Register of Deeds office are open for public inspection. However, unless you are familiar with how real estate records are organized and the procedures to perform a Grantor/Grantee and a Tract Index search, it is recommended to hire a title company to perform the search. Additionally, there may be documents on file with other county offices that may impact the property in which you are interested.

8. Can the Register of Deeds tell me if I have clear title?: No. The Register of Deeds office is not authorized to render opinions regarding the status of title. Professional title examiners use the records in our office as well as searching records in other county offices to determine if the title is free and clear of encumbrances.

9. How do I change my deed so that it reflects my married name?

This question is more complex than it first appears. In its simplest form, you are not required to take any action. When you sell your property, you can simply indicate on the deed your former and current names such as: "Mary Smith now known as (n/k/a) Mary Jones."

However, there are many other details that might impact the answer to this question, the most important being Wisconsin's Marital Property law. This law assumes that property used by a couple during the course of a marriage is jointly owned unless specified otherwise. If you wish to remain the sole owner of the property and do not intend to convey any interest in the property to your spouse, steps must be taken prior to and during your marriage to assure that this occurs. If, however, you intend for your spouse to share in the ownership of the property, there are a number of ways a married couple can hold title, each having distinct legal implications.

As you can see, it is best to seek the help of an attorney to draft a deed that will accomplish your goals.

10. If one trustee of a trust dies, is it necessary to take any immediate action?: According to a member of the Probate and Real Property Section of the Wisconsin State Bar Association, the answer is "no." The trust remains in effect. However, it is prudent to review the trust with your attorney periodically to determine if modifications to the trust would be advisable.

11. If I purchase property that is from a larger parcel that is being split, will I receive a tax bill?: The owner of the property as of January 1st of the real estate taxing year will receive a tax bill on the entire parcel of land (including the portion you just purchased). You will not receive a tax bill for the portion you purchased until the following year. Taxes should be prorated at your closing to distribute the taxes between owners for the current tax year. Pursuant to s.70.10 of Wisconsin Statutes: "The assessor shall assess all real and personal property as of the close of January 1 of each year." This means that a split that occurs during the year will not have an assessed value assigned to it until January 1st of the following year.

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Sheriff's Office

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1. How do I apply for a job with the Sheriff’s Office?

All matters regarding employment with the Sheriff's Office are handled by the Walworth County Human Resources Department. You may contact them directly at:
Walworth County Human Resources Department
Government Center
P.O. Box 1001
Elkhorn, WI 53121
Phone: 262-741-7950

All Walworth County job openings are posted on their website.

2. I had a minor accident or I struck a deer yesterday and the Sheriff's Office did not investigate and/or complete a crash report. Now my insurance company needs a report of some sort. What do I do?: If law enforcement is called to the crash, then law enforcement may complete the report. If law enforcement does not file the report, you will need to complete the Wisconsin Driver Report of Crash DT4002.
Per Wisconsin Statute s.346.70(1), any crash within the State of Wisconsin must be reported when it results in:
-Injury of a person
-$1,000 or more damage to any person's vehicle or property
-Damage of $200 or more to state or other government-owned property other than a vehicle
If you received a letter from the Department of Transportation stating you were involved in a reportable crash and requesting you to complete a report, you must complete a crash report https://wisconsindot.gov/Pages/safety/crsh-rpt/default.aspx

3. How do I get a copy of an accident report in which the Sheriff’s Office investigated?

You may pick up a copy of the report in person at the Sheriff's Office or it can be mailed or faxed to you. There is a processing fee of $3. Please allow 10 business days for the report to be completed. If you are planning to come to pick up a report in person, you may want to call ahead to ensure that the report is complete.

Physical Address: 1770 County Road NN, Elkhorn WI 53121
Phone: 262-741-4400
Email: Sheriff's_-_Central_Records@co.walworth.wi.us

4. How do I get fingerprinted?

The hours below are set aside to provide fingerprinting for members of the public. If you are unable to make these times, please call 262-741-4540 and ask for a Jail Supervisor to make other arrangements. Please note you must bring your own fingerprint cards with you. You may obtain the cards from the agency requiring the fingerprints.

Hours

Monday through Friday
7 a.m. to 3 p.m.

Physical Address: 1770 County Road NN, Elkhorn WI 53121
Phone: 262-741-4400

5. How to I get information from Consolidated Court Automation Programs (CCAP)?: Access CCAP which is another resource for Walworth County court records.

6. What do I do if I receive a worthless check?

If you received a worthless check, please follow the directions and link in the Investigations Worthless Checks section.

7. What should I do if I am the victim of identity theft?

If you are a victim of identity theft please follow the directions and link in the Investigations Identity Theft section.

8. How do I report an anonymous tip?: Submit a tip via email to Walworth County Crime Stoppers or submit a tip via text by clicking on P3 Tips. You can also submit a tip via a phone call to 262-723-2677.

9. Who can use the Sheriff’s Office shooting range?

The Sheriff's Office Range Training Facility is located on Hodges Road in Lafayette Township. It is a county-owned facility and as such is regulated by policy. This facility is not open for public use and exists to train law enforcement agencies at the local, state, and federal levels. In addition, the range is also used by the DNR and the NRA to provide educational courses.

The Elkhorn Pistol Club also uses the facility and membership in this club is required. Trespassing is strictly enforced and violators will be fined and/or arrested. Please contact the Sheriff's Office at 262-741-4680 with any further questions.

10. How do I file a complaint against an officer?: Click here

11. How do I check on the status of an inmate?: Inmate Locator Tool

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Sheriff's Office - Emergency Management

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1. How to dispose of paint properly?

Disposal of leftover paint through a household hazardous waste program is expensive.  The best thing to do with usable paint is to use it up! If you can't use your leftover paint, give it to someone who can. Give your paint to:

Friends and Neighbors
Housing Assistance Organizations
Park Departments
Recreation Departments
Theater Groups

Disposal: Latex & Small Amounts of Oil-Based Paint

Dry out latex paint and small quantities of oil-based paint according to the following directions:

Find an outside work area away from children, pets, and rain. Locked screen porches and storage sheds work well. Because oil-based paint contains solvents and some latex paint contains mercury, it's important to dry out paint outdoors in a safe place.
Dry it out. Choose one of the drying methods described later on this page. Paint will take between several days and several months to dry - it depends on the type and quantity of paint that you have.
Throw the dried paint, cans and other materials in the trash. Leave the lids off paint cans so trash collectors will see the paint is dry and accept them.

Paint Drying Techniques

For small amounts (Oil-based and latex): Brush paint in layers on newspaper or  cardboard.
For larger amounts of latex: Pour thin layers (less than one-inch) of paint into a cardboard box lined with plastic. Allow paint to dry one layer at a time - thin layers will speed up the drying process.
Or, mix paint with cat litter, sawdust or sand in a cardboard box lined with plastic and let it dry.

2. What is the LEPC: LEPC stands for Local Emergency Planning Committee.

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Sheriff's Office - Support Services

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1. How do I get my property back from the Sheriff's Office?: You need to make an appointment. Walk-ins for property retrieval are not allowed due to the fact that your property and case must be researched extensively before it may be considered for release.  Please email Support Services or call 262-741-4466.

2. How do I get a copy of an accident report?: You may pick up a copy of the report in person at the Sheriff's Office or it can be mailed or faxed to you with a processing fee of $3.  We can also email it at no cost to you. Please allow 10 business days for the report to be completed. If you are planning to come to pick up a report in person, you may want to call ahead at 262-741-4470 to ensure that the report is complete.

3. How do I get fingerprinted?

Provided are the hours set for fingerprinting members of the public. If you are unable to make these times, please call 262-741-4540 and ask for a Jail Supervisor to make other arrangements. Please note you must bring your own fingerprint cards to the Sheriff's Office. You may obtain the cards from the agency requiring the fingerprints.

Monday and Friday
9 to 11 a.m.
Saturday and Sunday 
8 to 11 a.m.

4. Can I access the county range?

The Sheriff's Office Range Training Facility is located on Hodges Road in Lafayette Township. It is a county-owned facility and as such is regulated by policy. This facility is not open for public use and exists to train law enforcement agencies at the local, state, and federal levels. In addition, the range is also used by the DNR and the NRA to provide educational courses. 

The Elkhorn Pistol Club also uses the facility and membership in this club is required. Trespassing is strictly enforced and violators will be fined and/or arrested. Please contact the Sheriff's Office at 262-741-4680 with any further questions.

5. How do I file a formal complaint against a Walworth County Deputy?: Fill out the form and deliver it to the Sheriff's Office or via U.S. Mail:
1770 Highway NN
Elkhorn, WI 53121

6. How can I know if someone was successfully served with a TRO or other Victim Information and Notification Everyday (VINE) related paperwork or information about a defendant?: Access the VINELink website to track information.

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Wal-to-Wal DIAL-a-RIDE

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1. Do I have to be elderly or disabled to use DIAL-a-RIDE service?: The DIAL-a-RIDE service is available to the general public for any trip purpose.

2. Why can't I get DIAL-a-RIDE service if both trip origin and destination are within Whitewater's city limits?: The City of Whitewater has its own shared-ride service, available by calling Brown Cab at 920-563-6303.

3. How is DIAL-a-RIDE different from Walworth County Senior and Disabled Transportation Services?: VIP Services is the operator of both services. Each has a different funding source and specific program requirements. Fares and service hours differ and DIAL-a-RIDE is only available for trips within Walworth County. Questions asked when you call for a ride will determine which service you qualify for.

4. Why all of the changes in service policies?: Demand for DIAL-a-RIDE trips has tripled in the first year of service. At the same time, the number of people requesting a ride and then not being there when a ride is scheduled has gotten as high as 1 out of every 10 ride requests. Changes were needed to be able to better keep up with the demand.

5. Why am I asked so many questions when I first register for service?: VIP Services provides many different transportation services. Answers to the questions being asked help determine the type of service and fare. They also help determine if a vehicle with a lift will be required to transport you safely.

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Wal-to-Wal DIAL-a-RIDE - Agency Fares

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1. What is an agency fare?: Under Federal and State guidelines, Wisconsin counties operating shared-ride transit services are required to levy a fee for each ride. This charge is heavily subsidized by Federal and State grants as well as local property tax dollars to make basic transportation services available and affordable for the entire general population. Funding is limited. An agency fare can be established to maintain the "primacy" of general public transit services and avoid or limit the potential off-loading of trips that are more appropriately funded by other public or private sources. Agency fares are prepaid through a voucher system coordinated by Walworth County and must be applied uniformly.

2. Why are agency fares allowed?

In effect, agency fares represent a compromise (agreed upon by the Wisconsin Department of Human Services and the Federal Transit Administration) so that public transit systems can recover some costs while human service organizations can utilize public transit at a lower cost than would be paid to providers.

WisDOT Agency Fare Frequently Asked Questions, October 26, 2014

3. What are initial Walworth County agency fares?: The initial one-way agency fare will be $8 for all Walworth County trips effective April 2018. Transportation outside of Walworth County is not provided by Walworth County Shared-Ride. There are no provisions for punch cards or other prepaid fare media other than vouchers. The total amount of outstanding unredeemed vouchers in any given month is at the discretion of Walworth County.

4. Could agency fares be increased if total volume of all agency trips negatively impacts the County's ability to provide the general public a reasonable public transit option?: All communities, operators, and organizations struggle to maximize service with limited resources. It is inherently unfair to burden one entity with another's costs without reasonable compensation. The County's cost per hour to provide Shared-Ride Transit Service is more than three to four times the established estimated agency fare of $8. As an alternative to potential future service reductions, agency fares can be adjusted by Walworth County.

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