How to obtain and submit an original will or filed copy during probate administration in WI

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

When a person dies in Wisconsin, you must locate and deliver the original will (or a filed copy) to the probate court to start the administration process. Wisconsin law requires the original will, if available, to accompany the petition for probate. If the original is lost, a certified copy filed with the register in probate may suffice.

1. Locating the Original Will

  • Check the decedent’s personal papers—home safe, filing cabinet, or fireproof box.
  • Contact the decedent’s attorney or law firm; attorneys often retain original wills.
  • Inspect safe deposit boxes—banks require a court order or joint access by the executor and bank officer.
  • Ask family members if they hold custody of the original document.

2. Obtaining a Filed Copy

If the original will was previously deposited with the register in probate under Wis. Stat. § 851.04, you may request a certified copy:

  1. Contact the Register in Probate’s office in the county where the will was filed.
  2. Submit a written request with identifying information (decedent’s name and date of death).
  3. Pay any statutory copying fees.

See Wis. Stat. § 851.04 for procedures on recording and preserving wills: Wis. Stat. § 851.04.

3. Filing the Will with Your Probate Petition

Under Wisconsin probate law, you must file the original will (or certified copy) when you petition for informal or formal administration:

  • Prepare and file a probate petition in the county where the decedent resided. See Wis. Stat. § 867.02: Wis. Stat. § 867.02.
  • Attach the original will or a certified copy as an exhibit to the petition.
  • If the original is lost, include an affidavit describing diligent search efforts and request the court admit a copy under Wis. Stat. § 851.05.
  • Serve notice on heirs and beneficiaries per Wis. Stat. § 867.10.
  • Pay filing fees; the clerk will docket the will and issue Letters Testamentary or Letters of Administration.

Disclaimer

This article is for educational purposes only and does not constitute legal advice. Consult a qualified Wisconsin attorney for guidance specific to your situation.

Helpful Hints

  • Keep a copy of all communications and receipts.
  • Confirm court deadlines; Wisconsin courts impose time limits for probate filings.
  • Obtain certified death certificate copies—courts often require multiple certified copies.
  • Consider informal probate for faster processing if no will contests are anticipated.
  • Contact the Register in Probate early to clarify local procedures and fees.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.