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:
- Contact the Register in Probate’s office in the county where the will was filed.
- Submit a written request with identifying information (decedent’s name and date of death).
- 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.