✓ Verified June 2026
This guide covers Wisconsin estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from Wisconsin law, verified as of June 2026.
In This Wisconsin Guide:
Wisconsin Will Requirements at a Glance
Here are the exact rules for making a valid will in Wisconsin:
| Minimum age to make a will | 18 |
| Witnesses required | 2 |
| Notarization required | NO — notarization is not required for a Wisconsin will to be valid. However, a notarized self-proving affidavit (under Wis. Stat. 853.04) may be attached to avoid calling witnesses to testify in probate court. |
| Handwritten (holographic) will allowed | NO — Wisconsin does not recognize holographic (handwritten, unwitnessed) wills created within the state. A will must be in writing and signed by 2 witnesses under Wis. Stat. 853.03. However, a holographic will validly executed in another state that permits them may be accepted for probate in Wisconsin under Wis. Stat. 853.05 (foreign wills). |
| Self-proving affidavit available | YES — under Wis. Stat. 853.04, a will may be made self-proving by attaching a sworn affidavit signed by the testator and both witnesses before an officer authorized to administer oaths (typically a notary public). This may be done at the time the will is signed (one-step method) or at any time afterward (two-step method). A self-proving affidavit creates a presumption that the will was properly executed, so the witnesses typically do not need to appear in probate court. |
| Statutory will form | YES — Wisconsin provides two statutory will forms: the Wisconsin Basic Will (Wis. Stat. 853.55) and the Wisconsin Basic Will with Trust (Wis. Stat. 853.56). These are fill-in-the-blank forms set out directly in the statute. Blank forms may be purchased at Wisconsin State Law Library locations or accessed through the Wisconsin Legislature website at docs.legis.wisconsin.gov/statutes/statutes/853. |
What a Wisconsin Will Does (and Doesn’t Do)
A Wisconsin will allows you to name a personal representative (executor) to manage your estate, name a guardian for your minor children, direct how your probate assets are distributed among beneficiaries, make specific gifts of property or money, and create a testamentary trust for minors or other beneficiaries.
Wisconsin is a community property (marital property) state, so each spouse already owns an undivided one-half interest in marital property — your will controls only your half of marital property and all of your individual (separate) property.
What a Wisconsin will does NOT control: A Wisconsin will does not control assets that pass outside probate, including life insurance proceeds with a named beneficiary, retirement accounts (401k, IRA) with a named beneficiary, payable-on-death (POD) or transfer-on-death (TOD) bank and brokerage accounts, property held in joint tenancy with right of survivorship, assets held in a living trust,
and survivorship marital property (which passes automatically to the surviving spouse under Wisconsin’s marital property law).
Your will also cannot override the surviving spouse’s right to claim up to 50 percent of the augmented deferred marital property estate under Wis. Stat. 861.02.
Oral wills in Wisconsin: NO — Wisconsin does not recognize oral (nuncupative) wills. A will must be in writing to be valid under Wis. Stat. 853.03.
How to Update or Revoke a Wisconsin Will
A Wisconsin will may be amended by executing a codicil, which must meet the same formal requirements as a will (in writing, signed by the testator, signed by 2 witnesses).
A will may be revoked entirely by (1) executing a subsequent will that completely disposes of the estate (which creates a presumption that the prior will is replaced), (2) physically destroying the will (burning, tearing, canceling, or obliterating) with the intent to revoke, either by the testator or by someone in the testator’s conscious presence and at the testator’s direction, under Wis. Stat. 853.11.
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A subsequent will that does not completely dispose of the estate is presumed to supplement rather than replace the prior will.
Other Wisconsin will-making rules: Wisconsin is one of only 9 community property (marital property) states in the U.S. Each spouse owns an undivided one-half interest in all marital property regardless of title. Upon death, the surviving spouse retains their half automatically — it does not pass through the will or probate.
The surviving spouse may also elect to receive up to 50 percent of the augmented deferred marital property estate under Wis. Stat. 861.02 within 6 months of the death, even if the will leaves them nothing. Additionally, under Wis. Stat.
853.03, witnesses must sign within a reasonable time after the testator signs, and signing must occur in the testator’s conscious presence (not necessarily line-of-sight, but awareness that the signing is taking place).
An interested witness (one who is also a beneficiary or the spouse of a beneficiary) does not invalidate the will, but the gift to that witness may be reduced to what they would have received under intestacy unless 2 additional disinterested witnesses also signed or there is clear evidence the testator intended the full gift. Wisconsin also recognizes foreign wills under Wis. Stat.
853.05 — a will validly executed under the law of another state or country where it was made may be admitted to probate in Wisconsin.
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Understanding Wisconsin Estate Planning
Getting started with Wisconsin estate planning is the single best gift you can give your family. A valid Wisconsin will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.
When people look into Wisconsin estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of Wisconsin estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.
Official Wisconsin Sources & Resources
- Wisconsin Court Self-Help: https://www.wicourts.gov/services/public/selfhelp/probate.htm
- Wisconsin Wills Statute: https://docs.legis.wisconsin.gov/statutes/statutes/853
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Wisconsin will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Wisconsin Wills & Probate Guides
- Wisconsin Probate Process
- Dying Without a Will in Wisconsin
- Wisconsin Estate & Inheritance Tax
- Wisconsin Small Estate Affidavit
- Wisconsin Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.