Wisconsin Last Will and Testament
Generate a last will and testament tailored to Wisconsin law. Our AI incorporates WI-specific statutory requirements, disclosure obligations, and legal standards into every document.
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Wisconsin Legal Requirements
Key WI statutes and obligations that apply to your last will and testament.
Requirements
- Testator must be 18+ and of sound mind (Wis. Stat. § 853.01)
- Will must be signed by the testator (or another at testator's direction in testator's presence)
- Two witnesses must sign in the presence of the testator — they need not sign in each other's presence
- Witnesses should not be beneficiaries — interested witnesses face challenges
- Self-proving affidavit available with notarization (Wis. Stat. § 853.04)
- No notarization required for a valid will — only the self-proving affidavit requires notarization
Restrictions & Limits
- Holographic (handwritten, unwitnessed) wills are NOT valid in Wisconsin — two witnesses required
- Surviving spouse has elective share rights and marital property rights (Wis. Stat. § 861.02 et seq.)
- Wisconsin is a marital property state — certain assets are marital property regardless of title
Official Statute References
Primary Wisconsin statutes governing this document type.
Wisconsin Last Will and Testament FAQ
Common questions about last will and testaments under Wisconsin law.
Does Wisconsin recognize handwritten wills?
No. Wisconsin does not recognize holographic wills. All wills must be in writing, signed by the testator, and witnessed by two competent adults. An unwitnessed handwritten will is not valid in Wisconsin regardless of how clearly it expresses the testator's intentions.
What is Wisconsin's marital property law and how does it affect wills?
Wisconsin is a marital property state (similar to community property). Property acquired during marriage is generally 'marital property' owned equally by both spouses. A will can only dispose of the testator's half of marital property plus all separate property. The surviving spouse automatically retains their half of marital property regardless of the will.
What is Wisconsin's probate process?
Wisconsin wills are probated in the Circuit Court of the county where the decedent lived. Wisconsin offers a summary settlement procedure for small estates (under $50,000 in probate assets). Larger estates go through formal administration, which involves publishing notice to creditors and filing accountings with the court.
Does Wisconsin have an estate tax?
No. Wisconsin does not have a state estate tax or inheritance tax. Wisconsin residents are only subject to the federal estate tax (currently exempting estates under $13.61 million per individual in 2024). Wisconsin's lack of estate and inheritance taxes makes it straightforward for most estates.
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Last Will and Testament by State
Laws vary significantly by state. Find the right form for your location.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.