State requirements
Making a will in Wisconsin
Wisconsin lists 2 witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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This is an AI-generated draft for review. It is not legal advice.
Witnesses
2 witnesses
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?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Wisconsin requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Wisconsin?
Wisconsin requires 2 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?
Notarization and witnessing serve different purposes. Check the rules for your particular Wisconsin document; neither action alone establishes validity. 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?
Wisconsin sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Wisconsin source above and get local help for your circumstances. Note: Wisconsin is a marital property state (similar to community property).
Keep reading
All guides →Your Wisconsin wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Wisconsin law, not legal advice. Statutes change — verify current requirements or consult a licensed Wisconsin attorney for complex situations.