Wisconsin Petition to Probate Lost Will

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Multi-State
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US-02168BG
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Description

Probate is the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will. It is a judicial act or determination of a court having competent jurisdiction establishing the validity of a will. First the will is filed with the clerk of the appropriate court in the county where the deceased person lived, along with a petition to have the court approve the will and appoint the executor named in the will (or if none is available, an administrator) with a declaration of a person who had signed the will as a witness. If the court determines the will is valid, the court then "admits" the will to probate.


The best evidence of the contents of a lost or destroyed will is a copy or draft of the will that is clearly and satisfactorily identified, if it can be obtained, and ordinarily this is sufficient. For example, an Arkansas court held that a finding that a photocopy was a copy of a lost or destroyed will should be sustained in view of the fact that the testimony of the attesting witnesses and the attorney as to how, when, and where will was signed was not in conflict.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Wisconsin probate laws require an estate to be settled within 18 months. Generally, some counties in Wisconsin request that an executor settle an estate in 12 months. Executors should work toward completing probate within that time.

Generally, Wisconsin wants an estate to be probated within 18 months of death but it does vary by county. Some counties in Wisconsin want the estate to be probated within a year. Once the Will and petition are filed creditors have a three month window where they can file claims against the estate.

Probate is unnecessary if the property solely owned by the decedent totals less than $50,000 in value. Then all that's required to transfer property is completing a "transfer by affidavit" form. Also exempt from probate is property titled in joint ownership, which automatically passes to the surviving owner.

A copy of the will which is being presented for proof shall be sent to all persons interested, except those whose only interest is as a beneficiary of a monetary bequest or a bequest or devise of specific property. To those persons a notice of the nature and amount of the devise or bequest shall be sent.

Dying Without a Will in Wisconsin The court will then follow intestate succession laws to determine who inherits your assets, and how much they get. If there isn't a will, the court will appoint someone, usually a relative, financial institution, or trust company to fill the role of executor or personal representative.

The probate process is mandatory in Wisconsin for any estate that exceeds $50,000 in value, with a few exceptions. One of the notable exceptions is when the family took the time to set up a revocable trust.

Any person, other than a person named in the will to act as personal representative, having the custody of any will shall, within 30 days after he or she has knowledge of the death of the testator, file the will in the proper court or deliver it to the person named in the will to act as personal representative.

If you die without a will in Wisconsin, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married, and whether you have any children from other relationships.

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Wisconsin Petition to Probate Lost Will