Attorney Thomas B. Burton answers the following question: Do you have to file a Will in Wisconsin?
Attorney Burton answers the reader's question and discusses the relevant Wisconsin statutes and deadlines that apply. Want to know what type of estate planning documents are best for your situation? Download a free copy of my easy estate planning guide.
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Transcript of Video: Do You Have to File a Will in Wisconsin?
Hello I'm Attorney Thomas Burton and
today's question
is the following do you have to file a
will
in Wisconsin so great question
and there's a couple answers to this I’m
not sure
if you're asking about filing a will
after you sign it because there is a
process in Wisconsin where you can file
a will with the register in probate in
the county in which you reside
after you validly create and sign a will
and you can do that in any county in
Wisconsin
where you live again with the register in
probate and generally I think it's about
a fifteen dollar
fee to file the will for safekeeping
with them so if that's what you're
asking about filing the will
the answer is no you don't have to do
this but you can
now I often caution clients who ask me
about doing this
I think this is an okay method
if you have no safe place to store it at
home
and if you expect this to be the last
will you ever
create but for younger clients what I’ve
seen happen
is they file a will and then they change
the will later
update it and they forget to change that
copy on file with the register in
probate
so it just depends on how organized you are if
you're later in life
and this again is your last will and you
really
want that peace of mind for safe keeping
maybe you want to go ahead and do that
but I've also had another client who
moved from a county
way in northern Wisconsin to a county in
southern Wisconsin
but then remember they had filed the old
will up in the northern county
and so now they live in a different
county and are likely not
to reside in that northern county when
they die
and generally the probate for your
estate is in the county where you reside
when you die
so having that will up in northern
Wisconsin didn't really make sense
anymore
now each register in probate has a
process to
ask for the will back sometimes you have
to sign
send a letter or a notarized statement
check with them but again
in general I tell people to keep their
estate planning documents their will
in a fireproof box in their home and
tell their personal representative
where to find it and how to access it
some
keep it in a safe deposit box but again
you want to make sure
your personal representative has access
to the box
after your death otherwise they're not
going to be able to get the will after
you die
but in general to go back to your
question
do you have to file a will in Wisconsin
no
you don't have to file it with any
government agency it's a private
document
until you die then after you die
your personal representative has a duty
to file it with the register and probate
in the county
in which you lived with when you died
and the statutes say they have 30 days
to file it after your death
if they know about the will so sometimes
they can't locate the will
well then they try to find it and then
file it
but in general while you're alive you
don't have to file a will with anyone
in Wisconsin so great question and thank
you for asking.
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