Submitting an Original Will to a Wisconsin Probate Court When You Live Out of State

Disclaimer: I am not a lawyer. This article provides general information about Wisconsin probate process and is not legal advice. Contact a Wisconsin probate attorney or the county circuit court clerk for guidance specific to your situation.

Detailed Answer — How to file an original will in Wisconsin from out of state

If you live outside Wisconsin and you have the decedent’s original will, you can still start probate in Wisconsin. Which county to file in depends on where the decedent was domiciled (their legal residence) at the time of death or, in some cases, where the decedent’s Wisconsin property is located. Below are clear steps to follow and practical tips to make the process smoother.

1. Confirm the correct Wisconsin court

Find the county circuit court that has jurisdiction. Generally:

• If the decedent died while domiciled in Wisconsin, file in the circuit court for the county of their residence at death.
• If the decedent lived in another state but owned real estate or certain property in Wisconsin, you may need to open an ancillary probate or ancillary administration in the Wisconsin county where the property sits.

To locate the appropriate court and get local filing rules, use the Wisconsin Court System pages for probate services and court locations: wicourts.gov — Probate and wicourts.gov — Court locations.

2. Contact the county circuit court clerk before you send anything

Call or email the clerk in the identified county. Ask:

• Whether the clerk accepts mailed filings or requires in-person or e-filing.
• The exact forms required to open probate in that county and current filing fees.
• Whether the court wants additional documents (for example, a certified death certificate).

3. Prepare the package to send

Most counties expect at minimum:

• The original will (not a photocopy).
• A certified copy of the death certificate, if available.
• A completed petition or application to open probate (often called a Petition for Probate of Will and for Appointment of Personal Representative). The clerk will tell you which local form to use.
• A cover letter that identifies the decedent (full name and date of death), your name and contact information, your relationship to the decedent, and a clear request that the clerk file the original will and open probate.
• A check or money order for the filing fee, made payable to the county or as directed by the clerk.
• Copies of the will for the court to file-mark and return (if the court will return the original after filing) or for your records.

4. How to physically send the original will

Recommended delivery methods:

• Certified mail with return receipt so you have proof of delivery.
• Registered or insured courier (UPS, FedEx) with signature required on delivery.
• If the court allows e-filing of probate documents, some counties require the original will to be delivered later — confirm the local rule.

Do not send the original without having first confirmed with the clerk how they want it handled. Many clerks will file the original will, note receipt, and either keep the original or return it after entering the probate file. Ask whether the court will return the original or retain it permanently.

5. After filing — what to expect

Once the clerk accepts the will and petition, the court will usually:

• Open a probate file and assign a case number.
• Set any necessary hearings, such as for appointment of a personal representative, if there are contests or required formalities.
• Provide you with instructions about notices to beneficiaries and creditors.

If the will is “self-proved” under applicable law (it contains a self-proving affidavit signed by the testator and witnesses), probate can be simpler because the court may accept the will without needing live witness testimony. Check with the clerk whether the will appears self-proved under Wisconsin practice and whether any additional proof will be required.

6. If the decedent lived out of state (ancillary probate)

If the decedent’s primary domicile was outside Wisconsin but they owned Wisconsin real estate or certain tangible property here, you may need to open an ancillary case in Wisconsin to transfer those Wisconsin assets. Ancillary administration usually requires a certified copy of the main (foreign) probate court’s letters or appointment, so coordinate filings between jurisdictions or hire counsel to help.

7. Consider hiring a local Wisconsin probate lawyer or agent

If you cannot appear in person, a Wisconsin attorney or a local agent can file paperwork, deliver the original will, and handle in-court requirements. Many Wisconsin attorneys accept limited tasks such as filing an initial petition and obtaining letters for personal representatives.

Helpful Hints

• Always keep your own certified copy of the death certificate — courts almost always ask for it.
• Make at least two photocopies of the original will before sending it. Keep one copy for your records and include one copy in the submitted packet if instructed.
• Send the package by a trackable method and save delivery receipts and tracking numbers.
• Ask the clerk whether the county accepts electronic filing for probate documents. Wisconsin’s eFiling system information: wicourts.gov — eFiling.
• Confirm current filing fees and payment methods with the clerk. Fees change and vary by county.
• If you are the named executor, state that clearly in your petition and provide contact information so the court can reach you even though you live out of state.
• If you will be appointed personal representative but live outside Wisconsin, expect the court might require a local agent, a resident address for service, or a bond — the clerk can advise on local practice.
• If the will was executed in another state, bring or obtain any supporting affidavits (for example, witness affidavits) that the Wisconsin court may require to establish validity.
• When in doubt about jurisdiction or complicated assets (real estate, business interests, multiple-state assets), consult a Wisconsin probate attorney. They can handle filing and court appearances and avoid delays or mistakes.

For step-by-step forms and county contact information, see the Wisconsin Court System’s probate information and forms: https://www.wicourts.gov/services/public/probate/index.htm.

Final note: Procedures can differ by county. Always confirm the local clerk’s preferred process before mailing the original will.