Pursuant to Wis. Stat. Sec. 856.05, the original Will for every deceased person shall be filed with the Register in Probate within 30 days of death. If a probate proceeding is required, you may file the original Will at the same time that you file the initial documents to open the administration. If no probate proceeding is required, please contact your local Register in Probate Office to make arrangements for the filing of the decedent’s Will.
Deposit of Will for Safekeeping
Pursuant to Wis. Stat. Sec. 853.09, you, the testator, may deposit your Will for “safekeeping” with the Register in Probate of the court of the county where you reside. Not all Register in Probate offices accept Wills for safekeeping.Contact your local office if you have questions. There is a statutory fee of $10.00 for this service. The Will must be in a sealed envelope with your name and address noted on the outside of the envelope. The Register in Probate will provide you a receipt at the time of deposit.
If you need to withdraw your original Will, you will need to provide the original Receipt that was given to you at the time of the deposit and photo identification. The original Will can only be removed by you, the testator, personally or by a person authorized by you, the testator, by a writing signed by you, the testator, and two (2) witnesses, other that the person who will be withdrawing the will from safekeeping.
This webpage is provided as a public service and is not intended to be legal advice. If you have any questions about the information on this webpage, please contact an attorney.