How to Make a Valid Will in Wisconsin
What Wisconsin law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Any person of sound mind who is 18 or older may make a will. The will must be in writing and signed by the testator (or by another person at the testator's direction and in the testator's conscious presence). Wis. Stat. § 853.01; § 853.03; § 853.05
| Requirements for a valid will | Any person of sound mind who is 18 or older may make a will. The will must be in writing and signed by the testator (or by another person at the testator's direction and in the testator's conscious presence). At least two witnesses must sign within a reasonable time after seeing the testator sign, or after the testator acknowledges the signature or the will, in the witness's conscious presence; the two witnesses may observe at different times. Witnessing by real-time two-way audio-video is allowed if the signing is supervised by a Wisconsin-licensed attorney, everyone is physically in Wisconsin, the will states it is executed under this procedure, and the other statutory steps are followed. A will validly executed under the law of the place where it was signed, or of the testator's residence or domicile, is also valid. The remote-witnessing option was added by 2023 Wis. Act 130. Wisconsin also provides a fill-in 'Wisconsin basic will' and 'basic will with trust' (Wis. Stat. §§ 853.50 to 853.62). |
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| Handwritten (holographic) wills | No. Wisconsin does not recognize handwritten (holographic) wills that lack two witnesses; every will must meet the witnessing rules. A handwritten will signed in another state may be valid in Wisconsin if it was valid under the law of the place where it was signed or of the testator's residence or domicile. Source: Wis. Stat. § 853.03; § 853.05 |
| Self-proving affidavit | Yes. A will may be made self-proved either at signing (one-step) or at any later time (two-step) by an affidavit of the testator and the witnesses sworn before an officer authorized to administer oaths, using the statutory form, with the officer's certificate under official seal. Source: Wis. Stat. § 853.04 |
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FAQ
What makes a will valid in Wisconsin?
Any person of sound mind who is 18 or older may make a will. The will must be in writing and signed by the testator (or by another person at the testator's direction and in the testator's conscious presence). At least two witnesses must sign within a reasonable time after seeing the testator sign, or after the testator acknowledges the signature or the will, in the witness's conscious presence; the two witnesses may observe at different times. Witnessing by real-time two-way audio-video is allowed if the signing is supervised by a Wisconsin-licensed attorney, everyone is physically in Wisconsin, the will states it is executed under this procedure, and the other statutory steps are followed. A will validly executed under the law of the place where it was signed, or of the testator's residence or domicile, is also valid.
Is a handwritten will valid in Wisconsin?
No. Wisconsin does not recognize handwritten (holographic) wills that lack two witnesses; every will must meet the witnessing rules. A handwritten will signed in another state may be valid in Wisconsin if it was valid under the law of the place where it was signed or of the testator's residence or domicile.
Does a will need to be notarized in Wisconsin?
Yes. A will may be made self-proved either at signing (one-step) or at any later time (two-step) by an affidavit of the testator and the witnesses sworn before an officer authorized to administer oaths, using the statutory form, with the officer's certificate under official seal.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.