Yes. In Wisconsin, a will may be deposited with the probate court for safekeeping after it is executed, but it is not required. Wisconsin Statutes § 853.09 permits a testator to deposit an original will with the probate court in the county where the testator resides during the testator’s lifetime.
The procedure is straightforward. The testator deposits the original signed will with the probate court, pays any applicable statutory or local filing fee, and receives a receipt or acknowledgment that the will has been deposited. The clerk keeps the will sealed and confidential during the testator’s lifetime. While the testator is living, the will generally may be released only to the testator or to another person authorized by the testator or by court order. After the testator’s death, the will may be opened and delivered to the appropriate person for probate administration, typically the person named as personal representative or another individual entitled to present the will for probate.
Depositing a will is not required for validity. Most Wisconsin wills are instead kept in a secure location, such as the testator’s home safe, a safe deposit box (provided someone can access it after death), the attorney’s vault or fireproof storage, or another secure location known to the nominated personal representative. Whether a will should be deposited depends on the circumstances. Advantages include reducing the risk that the original will is lost, destroyed, or altered and ensuring the original can be located after the testator’s death. Potential disadvantages include that retrieving the will during the testator’s lifetime requires contacting the court, that procedure and fees may vary by county, and that many attorneys already maintain secure storage for clients’ original wills, making court deposit unnecessary.
Practically speaking, keeping the original will in a secure location and ensuring the nominated personal representative knows where to find it is often sufficient. Court deposit can be a good option when there is concern that the original will might be lost or when the testator does not have another secure means of storage. In summary, Wisconsin law permits—but does not require—a testator to deposit an original will with the probate court for safekeeping, and a will is fully valid without being deposited so long as it was properly executed.
If you would like to discuss this matter more thoroughly, please reach out to our Madison Wisconsin Estate Planning attorneys. We are here to help!