856.17 Missing will, how proved. If any will is lost, destroyed by accident, destroyed without the testator's consent, unavailable but revived under s. 853.11 (6), or otherwise missing, the court has power to take proof of the execution and validity of the will and to establish the same. The petition for the probate of the will shall set forth the provisions of the will.
History: 1977 c. 449; 2005 a. 216.
A petition in the alternative to establish one of 3 wills was proper and proof was sufficient to establish the last will as effective. Estate of Markofske, 47 Wis. 2d 769, 178 N.W.2d 9.
Lost wills: The Wisconsin law. Burrell and Porter, 60 MLR 351.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 856 - Opening estates.
856.03 - Wills in court for safekeeping.
856.05 - Delivery of will to court.
856.07 - Who may petition for administration.
856.09 - Petition for administration, contents.
856.11 - Notice of hearing on petition for administration.
856.13 - Will must be proved; informal probate.
856.15 - Proof of will and proof of heirs where uncontested.
856.17 - Missing will, how proved.
856.19 - Order admitting will.
856.21 - Persons entitled to domiciliary letters.
856.23 - Persons who are disqualified.
856.25 - Bond of personal representative.
856.27 - Appointment of special administrator if appointment of personal representative is delayed.