Will of Deceased Person
Wisconsin Law requires the filing of the original Will for every deceased person with the Probate Office within 30 days of date of death. Please see Sec. 856.05, Wis. Stats. Marquette County requests that you use the Petition and Order above to file the Will without Probate.
- If a probate proceeding is required for a deceased person, the original Will can be filed at the same time the documents for probate administration are filed.
- If no probate proceeding is required, please complete and file a Petition and Order to File Will Without Probate (see below) at the same time you file the original Will.
- Petition to File Will Without Probate - Instructions
- Petition to File Will Without Probate - Form
- Order to File Will Without Probate - Proposed
Wills for Safekeeping
If you have an original Will and do not have a safety deposit box or some other safe place to keep it, you may deposit the original Will for "safekeeping" with the Register in Probate. There is a statutory fee of $10.00 for this service (Sec. 853.09, Wis. Stats.) Please be sure the envelope containing the original Will contains the following information:
- Name of the person (testator) making the Will
- Date the Will was signed
- Address of the person (testator) making the Will
- Name of the Personal Representative and any alternate
- Name of the attorney who prepared the Will
Withdrawing a Will from Safekeeping
If you need to withdraw your original Will that you filed with the Register in Probate for safekeeping, you will need to show proper identification and provide the original receipt you were given when you originally filed the Will.
Only the person who wrote the Will or their written designee can remove the Will from safekeeping. The written designation must be signed by the person who wrote the Will and witnesses by two additional persons other than the person who will be withdrawing the Will from safekeeping.
If you withdraw your original Will and replace it with a new Will on the same day, there is not additional charge. However, if you withdraw your original Will and file another Will at a later date, there is an additional $10 charge.