In the midst of the grief, it can be overwhelming to deal with anything else after a loved one dies.  What do you have to do with the will?

In Wisconsin, any person having possession of a will must file the will with the proper court (typically the county court for the county in which the individual resided), or deliver the will to the personal representative, within 30 days after the person has knowledge of the death of the individual.  If the will has not already been filed with the county court, any person named to administer the will, i.e., the personal representative, must file the will with the county court within 30 days after he or she has knowledge that he or she has been named as personal representative, and has knowledge that the individual died.

But what if the individual created a revocable trust to avoid probate?  Do I still have to file the will with the county court?  The short answer is yes.  But just because the will is filed with the county court does not necessarily mean that there will be a probate proceeding.  If all of the individual’s assets were properly transferred to the revocable trust during lifetime, and if the trustee is diligent about addressing the final debts and bills of the individual, then there may be no need for a probate proceeding.

In Dane County, the court asks that a letter be submitted with the will indicating the date of death and whether or not the will will be probated.  When filing the original will with the court, you may consider making a copy of the will that the court can date stamp for your records.

What happens if a will is not properly filed with the county court as required?  If, without reasonable cause, you failed to file the will with the county court as required, you may be liable to beneficiaries under the will for damages they suffer that were caused by your “neglect.”

[Legal advice not only involves an understanding of the law, but the application of the law to a particular set of circumstances or facts.  Typically blog posts are imperfect tools to address the subtlety and exceptions of the law that may apply in particular situations.  As a result, the information in this blog post does not represent legal advice.  If you are in a situation where you need or desire legal advice, we would be happy to help.  Call 608-358-9413 to set-up a no-charge initial consultation.]