Detailed Answer
Before opening probate in Wisconsin, you must locate and verify the original will or codicil. Under Wis. Stat. § 853.03, the circuit court accepts only the original testamentary instrument for probate (see https://docs.legis.wisconsin.gov/statutes/statutes/853/03). Follow these steps to find and confirm the document’s authenticity.
1. Search Personal Records and Safe Deposit Boxes
Begin your search at the decedent’s residence. Check file cabinets, home offices, and personal safes. Many people store wills in a bank safe deposit box. With proper authority (joint tenant access or court order), inspect the box for a sealed envelope labeled “Will” or “Codicil.”
2. Contact the Drafting Attorney
Most estate planning attorneys keep original wills or codicils for safekeeping. Locate the decedent’s legal counsel through personal records or state bar directories. Ask whether they hold the original documents and request their return under Wis. Stat. § 853.20, which authorizes deposit of wills with the clerk of court (see https://docs.legis.wisconsin.gov/statutes/statutes/853/20).
3. Check County Clerk of Circuit Court Files
Under Wis. Stat. § 853.20, any person may deposit an original will or codicil in the office of the clerk of circuit court. Contact the clerk in the county where the decedent lived and ask if a will is on file for safekeeping. If found, the clerk can deliver the original upon filing a petition to open probate.
4. Consult Family, Friends, and Co-Executors
Inform close relatives and named executors of your search. They may know of alternate storage locations or have copies of the document. A photocopy may offer clues (dates, lawyer’s name) to aid in tracking down the original.
5. Verify Authenticity of the Document
Once you obtain the original will or codicil, confirm it meets formal requirements. Wisconsin law demands:
- The decedent’s signature and date.
- Signatures of two competent witnesses present at the same time.
- An optional self-proving affidavit signed by the witnesses under Wis. Stat. § 853.10, which speeds probate (see https://docs.legis.wisconsin.gov/statutes/statutes/853/10).
If the original is lost or destroyed, you may petition under Wis. Stat. § 853.14 to admit a copy by proving due execution and contents (see https://docs.legis.wisconsin.gov/statutes/statutes/853/14).
Helpful Hints
- Keep a chronological log of all locations searched and people contacted.
- Request written confirmation from attorneys or banks that no will is held if none is found.
- Ask the clerk of circuit court about any filing or deposit fees.
- Review the decedent’s email for scanned copies or electronic correspondence with attorneys.
- Consider hiring a private investigator if the will remains missing after exhaustive searches.
Disclaimer: This article is for educational purposes and does not constitute legal advice. For advice tailored to your situation, consult a qualified attorney.