Disclaimer: I am not a lawyer. This article explains general information about Wisconsin probate and wills. It is not legal advice. Consult a Wisconsin probate attorney for advice about a specific estate.
Quick answer
If a decedent’s will was not properly signed under Wisconsin formalities, the probate court may refuse to admit that document as the decedent’s valid will. If the court excludes the document, the estate typically proceeds under Wisconsin’s intestacy rules. Interested people can ask the court to consider other evidence or bring litigation, but re-executing the will is impossible after death. The exact outcomes depend on the facts, any alternative documents (codicils, earlier valid wills), and whether the court allows admission under any statutory or equitable exception.
Detailed answer — how Wisconsin probate handles an improperly signed will
1. Formal requirements for a valid will
Wisconsin law sets formal execution requirements for wills. A document must meet the state’s statutory requirements to be admitted to probate as a will. For the text of Wisconsin’s statutes on wills, see Chapter 853 of the Wisconsin Statutes: https://docs.legis.wisconsin.gov/statutes/statutes/853. A will that lacks required signatures or witness statements may fail those formal requirements.
2. Probate court review and likely initial result
When someone files an instrument purporting to be a will, the probate register or court reviews whether the document complies with statutory execution rules. If the document is missing the testator’s signature, lacks required witness attestations, or otherwise does not meet the formalities, the court typically will refuse to admit it as a valid will. If no valid will is admitted, the estate proceeds as an intestate estate under Wisconsin intestacy law. See Wisconsin intestacy statutes at: https://docs.legis.wisconsin.gov/statutes/statutes/852.
3. Consequences if the document is excluded
- Distribution by intestacy: The estate assets pass under Wisconsin’s intestacy rules (to spouse, children, parents, or other relatives according to statutory order).
- Creditor and administration effects: Probate will follow the formal administration process for an intestate estate, including notice to creditors, appointment of a personal representative, and inventory and distribution procedures.
- Potential for disputes and litigation: Beneficiaries named in the defective document or others with an interest may file contests, claims for construction, or equitable remedies.
4. Possible remedies or alternative paths the court may consider
Although re-executing a will is impossible after death, the law and courts sometimes allow other measures depending on the state law and facts. Options to explore in Wisconsin include:
- Admission of an earlier properly executed will or codicil if one exists.
- Admission of other testamentary documents if they meet statutory formalities.
- Factual litigation: Interested parties may present evidence that the decedent intended the defective document as their will. Some jurisdictions have a “harmless error” or similar doctrine that permits admission when clear and convincing evidence shows testamentary intent despite formal defects. Whether and how Wisconsin applies any such doctrine is a legal question for counsel and the court; check Chapter 853 and related case law or consult a probate attorney for specifics: https://docs.legis.wisconsin.gov/statutes/statutes/853.
- Equitable remedies: In some cases, parties have raised claims (for example, constructive trust or unjust enrichment) to prevent an unjust result when someone relied on an invalid will. These are fact-specific and require court action.
5. Practical consequences for people named in the invalid will
- People named in the invalid document may not inherit under that document unless the court admits it or there is another valid instrument that accomplishes the same gift.
- Potential heirs under intestate succession may step in and receive assets instead.
- Litigation costs and delays are common when wills are disputed; outcomes can be uncertain and expensive.
6. Probate process resources in Wisconsin
For practical probate procedures and forms, Wisconsin Courts provides self-help resources that explain basic steps for opening an estate and contesting probate: https://www.wicourts.gov/public/selfhelp/. For statutory text on wills and intestacy see the Wisconsin Statutes chapters on wills (Chapter 853) and intestate succession (Chapter 852):
- Chapter 853 — Wills: https://docs.legis.wisconsin.gov/statutes/statutes/853
- Chapter 852 — Intestate succession: https://docs.legis.wisconsin.gov/statutes/statutes/852
What you can do next (steps to take right away)
- Locate all relevant documents: original will(s), codicils, draft documents, handwritten notes, beneficiary designations, and any self-proving affidavits or witness contact information.
- Contact witnesses: If witnesses to the signing are available, their statements may be crucial if the court permits consideration of extrinsic evidence.
- Talk to a probate attorney: A Wisconsin probate attorney can evaluate the document, advise whether any statutory exceptions or case-law remedies may apply, and represent interested parties in court if needed.
- Act promptly: Probate timing rules and statutory notice periods are strict. Delay can hurt your ability to present claims or evidence.
Helpful Hints
- Do not destroy or alter the original document — the court expects the original whenever possible.
- Keep a list of all assets, accounts, and contacts for potential witnesses and the decedent’s advisors (attorney, accountant, financial planner).
- Check for beneficiary designations (life insurance, retirement accounts) that pass outside probate — these can override a defective will’s gifts.
- Understand that informal drafts and handwritten notes often fail to control distribution unless they meet statutory rules or the court accepts them under a narrow exception.
- If you are named in a document that may be invalid, don’t assume you will inherit — seek counsel to protect your rights promptly.
For legal advice tailored to your facts and to file any necessary petitions in Wisconsin probate court, consult a licensed Wisconsin probate attorney.