Detailed answer — Identifying an original will under Wisconsin law
This section explains practical steps you can take to determine whether a document you received is an original will or only a copy, and how Wisconsin law treats originals and copies in probate. This is informational only and does not constitute legal advice.
What counts as an “original” will?
An original will is the single physical document (or documents, if multiple pages are fastened together) that the testator signed during the will’s execution. Originals usually contain the testator’s original handwritten or ink signature and the original signatures of required witnesses or a self-proving affidavit (notarized). Copies are reproductions (paper copies, scans, photographs, or duplicates) and will not generally substitute for the original in probate without additional proof.
Quick physical checks to spot an original
- Signatures: Look for signatures in ink rather than printed reproductions. Originals usually show pressure, ink variation, or slight smudging.
- Paper and ink: Originals may be on heavier paper, have visible pen strokes, or show indentation from a pen. Copies and scans tend to look uniform and flat.
- Numbering and attachments: Originals may have staple holes, a notary’s seal embossed on the paper, or other physical attachments. Check for multiple pages fastened together with a staple or binder clip and initialed page numbers.
- Witness and notary forms: Many wills include an attestation clause (names of witnesses and a statement that they saw the testator sign) and sometimes a notary “self-proving” affidavit with an official seal or stamp. A notarized self-proving affidavit often appears as an attached form signed by the notary and witnesses.
- Handwritten changes: Handwritten interlineations or marginal notes that look original (not photocopied) may indicate the original document.
Wisconsin probate practice — why the original matters
Probate courts prefer to see the original will when someone asks the court to admit it to probate. Presenting the original reduces disputes about authenticity and makes the admission process more straightforward. If you only have a copy, you may still be able to start a probate proceeding, but the court will expect an explanation for the missing original and evidence to prove the will’s authenticity.
For an overview of Wisconsin statutes on wills and probate, see the Wisconsin Statutes chapter on wills: Wis. Stat. ch. 853. For general probate guidance from the Wisconsin courts, see: Wisconsin Courts — Estate & Probate Self-Help.
What to do if you only have a copy
- Ask where the original is normally kept. Common places include a lawyer’s office, a safe-deposit box, the decedent’s home, or filed with the county register in probate (if the testator deposited it).
- Contact the decedent’s attorney or the notary who notarized the will, if known. They may have the original or know where it was kept.
- Talk to the witnesses named in the will. Witness testimony can help establish that the copy accurately reflects a validly executed original.
- Preserve the copy securely. Make a high-quality digital scan for backup, but do not alter the copy or destroy it.
- If the original cannot be located, consult an attorney about filing a probate petition asking the court to admit the copy. Wisconsin courts can consider admitting a copy when the original is lost, destroyed, or otherwise unavailable, but the filer must provide evidence explaining the absence and proving the will’s authenticity.
When to suspect a forgery or tampering
If the signatures look mechanically reproduced (photocopy or printed), if the handwriting varies noticeably, or if the document appears to have additions or erasures that differ from the body text, those are red flags. Sudden changes to beneficiaries, unexplained pages, or lack of witness signatures deserve immediate scrutiny. If you suspect forgery, preserve the document and consult an attorney right away. You may also contact the probate court clerk for instructions on holding the document and next steps.
Practical steps to verify authenticity before filing for probate
- Compare the copy to any other known writings of the decedent (signature cards, prior wills) to check consistency.
- Locate and interview the attesting witnesses. Witness testimony can establish the date, signing circumstances, and whether the signature is genuine.
- Check with banks about safe-deposit access and records. The original may be stored there. If a bank held a will for safekeeping, a court might order its retrieval.
- Ask the county register in probate if a will was previously filed or recorded for safekeeping.
- If the will includes a self-proving affidavit (notarized attestation), that affidavit speeds admission when the original is available.
If the original is missing: how the court typically handles a copy
If you must present a copy to the probate court, the estate’s personal representative (or a petitioner) will need to explain why the original cannot be produced and provide evidence of the will’s validity. Evidence can include witness affidavits, testimony describing the execution, or other corroborating documents. Courts examine chain of custody and the credibility of proof before admitting a copy. Because procedures and standards can vary, get local legal guidance early.
When to hire an attorney
Consider hiring an attorney if:
- You only have a copy and cannot locate the original.
- Multiple competing copies exist or there are multiple versions of the will.
- Someone challenges the will’s validity or alleges forgery.
- You need to file a probate petition and want to ensure proper proof and procedure.
An attorney can help collect evidence, prepare witness affidavits, and present the legal arguments needed to admit a copy when the original is missing.
Important disclaimer
This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a qualified Wisconsin attorney.
Helpful Hints
- Do not sign or alter the will you received. Keep the document in the condition you found it.
- Take clear, dated photos or scans of the copy for your records, but keep the original copy secure and untouched.
- Write down where you found the document and who gave it to you — that information matters for chain-of-custody questions.
- Ask the named witnesses for written, signed affidavits if the original is missing. Courts rely on witness statements.
- If the will appears notarized, try to identify the notary and ask whether they have records or a notary journal entry.
- Contact the county register in probate for local filing rules and any available records about deposited wills.
- When in doubt, consult a Wisconsin probate attorney before filing anything with the court.