Where to Legally Store Your Original Will in Wisconsin: Safe Deposit Boxes vs. Probate Court Registry
The safest place to store your original Last Will and Testament in Wisconsin is with your county's Register in Probate. State law allows you to deposit the document securely for a minimal fee (usually $10), ensuring it is never lost, destroyed, or withheld by disgruntled relatives after you pass away.
The Importance of Original Estate Documents
In Wisconsin probate law, the original copy of your Last Will and Testament is the most important piece of paper you own. Photocopies or digital scans are generally viewed with intense suspicion by the courts. Under Wisconsin precedent, as highlighted in cases like Fonk v. Zastrow, 51 Wis. 2d 339 (WI Supreme Court 1971), if an original will was last known to be in the testator's possession but cannot be found after their death, the law presumes the testator intentionally destroyed it to revoke it. This presumption can throw your entire estate into chaos, forcing your assets to be distributed according to state intestacy laws rather than your wishes. To prevent this, selecting the proper storage method is critical. Finding an estate planning lawyer via our US Attorney Directory can help you properly execute and store your documents to secure your legacy.
Filing Your Will with the County Register in Probate
The most legally secure method for storing your will in Wisconsin is utilizing the court system. Under Wis. Stat. § 853.09, any resident may deposit their original will with the Register in Probate in the county where they reside. This service is highly confidential; the will is sealed and can only be opened by you, a person you explicitly authorize in writing, or the court after your death is proven. Whether you file at the Brown County Register in Probate, Green Bay or the Dane County Register in Probate, Madison, the clerk will issue you a written receipt for deposit. Storing it here guarantees the document will not be accidentally thrown away or maliciously destroyed by a family member who disapproves of their inheritance.
The Risks of Bank Safe Deposit Boxes After Death
Many individuals default to putting their will in a bank safe deposit box. While this protects the document from fire and theft, it creates a massive logistical headache for your family. Banks typically freeze access to a safe deposit box immediately upon learning of the owner's death. If your family does not have a designated joint owner on the box, they will not be able to open it without obtaining a special order from the probate court. But to get authority from the probate court, they need the will-which is locked inside the box. This "Catch-22" can delay your funeral arrangements and the administration of your estate for weeks or months.
Home Fireproof Safes and Desk Drawers
Storing your will in a locked fireproof safe at home is better than leaving it in a desk drawer, but it still carries significant risks. If the safe is too light, a burglar might steal the entire unit. More importantly, if you do not share the combination or the location of the spare key with your named Personal Representative (Executor), they will have to hire a locksmith to drill the safe open during an already stressful time. Furthermore, keeping the original will at home leaves it vulnerable to a relative who might "accidentally" lose it if they discover they were written out of the estate.
Who Should Have Copies?
While the original should be locked away at the probate court or in your attorney's secure fireproof vault, you should distribute photocopies strategically. You should give a clear, legible photocopy to the person you named as your Personal Representative. Additionally, it is wise to provide a copy to your spouse and keep one accessible copy in your home files alongside a note detailing exactly where the original physical document is located (e.g., "Original held at the Waukesha County Courthouse").
How Much Does it Cost in Wisconsin?
Storing your will properly is highly affordable in Wisconsin:
| Storage Method | Estimated Cost in Wisconsin |
|---|---|
| Register in Probate Deposit Fee | Typically $10 (one-time fee). |
| Attorney Vault Storage | Often included for free if the attorney drafted the will. |
| Bank Safe Deposit Box | Usually $50 to $150 per year. |
| Home Fireproof Safe | $50 to $300+ to purchase. |
How Long Does the Process Take?
Filing your will with the county court takes only a few minutes once you arrive at the courthouse. The clerk will verify your identity, seal the envelope, log the deposit into their secure system, and hand you a receipt. If you pass away, it generally takes your family 1 to 3 days to provide the court with an original death certificate, at which point the court will unseal the will and begin the probate process.
Frequently Asked Questions (FAQ)
What happens if my original will is lost?
If the original is lost, Wisconsin courts presume you destroyed it on purpose to revoke it. Your family will have to undergo a complex and expensive legal hearing to prove otherwise and to attempt to have a photocopy admitted to probate.
Can I withdraw my will from the court later?
Yes. Under Wisconsin law, you can withdraw your deposited will at any time during your life by showing proper photo identification to the Register in Probate.
Should I give the original will to my Personal Representative?
It is generally not recommended. If your Personal Representative moves out of state, loses their files, or passes away before you do, the original document could be permanently lost.
Who delivers the will to the court after I die?
Under Wis. Stat. § 856.05, whoever has custody of your original will must deliver it to the local Register in Probate within 30 days of learning of your death.
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