How to Make a Valid Will in Wisconsin
Wisconsin has specific rules about who can make a will, how it must be signed, how many witnesses are needed, and whether notarization is required. Here's everything you need to know about creating a valid last will and testament in WI.
Wisconsin Will Requirements at a Glance
Who Can Make a Will in Wisconsin?
You must be at least 18 years old to make a will in Wisconsin. No statutory exceptions for minors. The testator must be of sound mind (Wis. Stat. § 853.01)
Signing Requirements
Must be in writing. Can be typed, printed, or handwritten. If you are physically unable to sign, Another individual may sign in the testator's conscious presence and by the testator's direction (Wis. Stat. § 853.03).
Witness Requirements in Wisconsin
Wisconsin requires 2 witnesses. Must be competent individuals. Each witness must sign within a reasonable time after witnessing the signing or the testator's acknowledgment. Wisconsin enacted remote witnessing via attorney-supervised audiovisual communication in 2024 (2023 Act 130).
Interested witnesses: An interested witness does not invalidate the will (Wis. Stat. § 853.07)
Notarization in Wisconsin
Notarization is not required for a will to be valid in Wisconsin. Not required for validity; used for self-proving affidavit
Self-Proving Affidavit
Wisconsin allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public (Wis. Stat. § 853.04)
Handwritten (Holographic) Wills
Wisconsin does not recognize holographic wills. Holographic wills are not recognized in Wisconsin
Electronic Wills
Wisconsin does not currently recognize electronic wills. Wisconsin does not have a full electronic wills statute but enacted remote witnessing provisions via attorney-supervised audiovisual communication in 2024 (2023 Act 130)
How to Revoke a Will in Wisconsin
In Wisconsin, a will can be revoked by:
- •Executing a subsequent will that revokes the prior will expressly or by inconsistency
- •Performing a revocatory act by the testator or by another in the testator's conscious presence and at their direction
Wis. Stat. § 853.11
Special Provisions in Wisconsin
Wisconsin is a COMMUNITY PROPERTY state — the only one in the Midwest. It adopted the Uniform Marital Property Act (Wis. Stat. Ch. 766). Surviving spouse has an elective share of the augmented deferred marital property estate (Wis. Stat. § 861.02). Wisconsin enacted remote audiovisual witnessing supervised by an attorney in 2024 (2023 Act 130)
Relevant Wisconsin Statutes
- Wis. Stat. § 853.01 (Who may make a will)
- Wis. Stat. § 853.03 (Execution of wills)
- Wis. Stat. § 853.04 (Self-proved wills)
- Wis. Stat. § 853.07 (Interested witnesses)
- Wis. Stat. § 853.11 (Revocation)
- Wis. Stat. § 861.02 (Elective share)
- Wis. Stat. Ch. 766 (Marital Property Act)
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