Wills

A will is a document in which an individual can describe/express their wishes as to the disposition of their assets after their death.  A will is only a suggestion or a recommendation as to how a decedent’s assets are distributed at death until the will is admitted to a formal or informal probate administration at which time the court will enforce the terms of the will.

The Wisconsin Statutes require that any individual, who is in possession of a person’s will, either file the will within 30 days of becoming aware of the individual’s death with the Register in Probate of the county of residence of the person who has died or provide the original to the person nominated in the will to act as the personal representative/executor who upon receipt of the will of the decedent will have 30 days to file the will with the Register in Probate.

A person may file their will with the Register in Probate for safekeeping.  The procedure and requirements for filing a will for safekeeping are spelled out in the Wisconsin Statutes and supplemented by the Waukesha County Probate Local Rules.