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Detailed Answer

In Wisconsin, a valid will ordinarily requires three formalities: the will must be in writing, signed by the testator, and witnessed by at least two credible adults who sign in the testator’s presence^{Wis. Stat. § 853.02}. Notarization is not required to create a valid will; it simply allows a self-proving affidavit to be attached, which can streamline the probate process under Wis. Stat. § 853.07.

If a will lacks the required witness signatures, you may still ask the court to admit it under the “dispensing power” found in Wis. Stat. § 853.02(4). To succeed, you must present clear and convincing evidence that the decedent intended the document to serve as their last will and testament. Examples of acceptable evidence include:

• The decedent’s handwritten signature and distinctive handwriting
• Testimony or affidavits from persons who saw the decedent sign or acknowledge the document
• Correspondence, drafts, or notes reflecting the decedent’s testamentary intent

By proving intent, the probate court can excuse the lack of formal witnesses and admit the will for administration.

Probate Process for an Unwitnessed Will

To probate an unwitnessed or unnotarized will in Wisconsin, follow these steps in the circuit court for the county where the decedent resided:

1. File a Petition for Informal Probate: Submit the original document (or a copy if the original is lost or destroyed, along with an affidavit explaining the loss)^{Wis. Stat. § 867.02}. Include a cover letter requesting admission under the dispensing power of Wis. Stat. § 853.02(4).
2. Submit Clear and Convincing Evidence: Attach affidavits, witness statements, handwriting samples, and any correspondence that shows testamentary intent.
3. Notify Interested Parties: Serve notice on heirs at law, beneficiaries named in the will, and known creditors in accordance with Wis. Stat. §§ 853.23–.28.
4. Attend the Hearing (if scheduled): Be prepared to present witness testimony and evidence supporting the will’s authenticity and validity. The court may schedule a hearing if the evidence is contested.
5. Appointment of Personal Representative: Once the court admits the will, it will issue letters testamentary to the personal representative, empowering them to administer the estate.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. You should consult a licensed attorney for guidance on your specific situation.

Helpful Hints

• Collect all handwritten drafts, correspondence, and notes from the decedent.
• Speak with anyone who observed the decedent sign or discuss the document as their will.
• Document dates, locations, and conversations that support testamentary intent.
• Check if the decedent ever prepared a codicil or self-proving affidavit—even if unsigned.
• Contact the circuit court clerk’s office for local filing procedures and fee schedules.