State requirements
Making a will in Wisconsin
Wisconsin requires 2 adult witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
2 adults
Notarization
Optional (affidavit)
Holographic wills
Not recognized
Self-proving affidavit
Available
Overview
Wisconsin has unique status as a marital property state (similar to community property). Wisconsin does NOT recognize holographic wills. Wisconsin has deferred marital property rights.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | Wis. Stat. § 853.01 | 18+ and of sound mind |
| Execution Requirements | Wis. Stat. § 853.03 | Written, signed, 2 witnesses |
| Self-Proving | Wis. Stat. § 853.04 | Available with affidavit |
| Deferred Marital Property | Wis. Stat. § 861.02 | Spousal property rights |
Execution Requirements
WISCONSIN WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator
✓ Signed by 2 or more competent witnesses
✓ Witnesses sign within reasonable time
⚠️ NO holographic wills recognized
Marital Property State
WISCONSIN MARITAL PROPERTY:
- Wisconsin adopted Uniform Marital Property Act
- Similar to community property
- Deferred marital property election available
- Each spouse has 50% interest in marital property
Deferred Marital Property Rights
DEFERRED MARITAL PROPERTY ELECTION:
- Surviving spouse may elect 50% of augmented deferred marital property
- Applies to property acquired during marriage
- Election period: 6 months after inventory
Self-Proving Affidavit
Wisconsin allows self-proving wills under Wis. Stat. § 853.04.
Checklist for Wisconsin Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 competent witnesses signed within reasonable time
- •[ ] Self-proving affidavit completed
- •[ ] Marital property properly identified
Wisconsin will questions, answered
Can I make a will online in Wisconsin?
Yes. Wisconsin does not require a lawyer to draft a will. A will created online is valid in Wisconsin when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 2 adult witnesses.
How many witnesses does a will need in Wisconsin?
Wisconsin requires 2 adult witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Wisconsin require a will to be notarized?
No. Witnesses make a will valid in Wisconsin, not a notary. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Wisconsin?
No. Wisconsin does not recognize holographic (unwitnessed handwritten) wills made in the state. Your will must be properly witnessed to be valid.
What makes a will legally valid in Wisconsin?
A valid Wisconsin will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 2 adult witnesses. Note: Wisconsin is a marital property state (similar to community property).
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Start my will — $29This page is general information about Wisconsin law, not legal advice. Statutes change — verify current requirements or consult a licensed Wisconsin attorney for complex situations.