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Wisconsin Last Will and Testament

A Wisconsin will needs 2 witnesses signing in your conscious presence. No notary is required for the will itself. Free template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property and names the person, called your personal representative, who will administer your estate after you die. It can also name a guardian for minor children. In Wisconsin, a valid will must be in writing, signed by the testator (the person making the will), and signed by at least 2 witnesses who sign within a reasonable time after the testator signs or acknowledges the will, in the witnesses' conscious presence, under Wis. Stat. Section 853.03. Wisconsin does not require the will itself to be notarized; witnesses, not a notary, make the will valid. A notary is used only for an optional self-proving affidavit under Wis. Stat. Section 853.04, a separate sworn statement that lets a Wisconsin probate court admit the will without tracking down the witnesses to testify. Wisconsin does not recognize holographic (handwritten, unwitnessed) wills; a will signed only by the testator without the required 2 witnesses is not valid under Wisconsin law. Any testator must be 18 years of age or older and of sound mind under Wis. Stat. Section 853.01. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and names the person (your personal representative, sometimes called an executor) who will administer your estate after you die. It can also name a guardian for minor children.

  2. 2

    Wisconsin requires 2 witnesses. Wis. Stat. Section 853.03 requires the will to be signed by at least 2 witnesses who sign within a reasonable time after the testator signs or acknowledges the will, in the witnesses' conscious presence.

  3. 3

    Avoid interested witnesses. Under Wis. Stat. Section 853.07, if a witness (or their spouse) is also a beneficiary, that witness's gift is invalid to the extent it exceeds what they would have received had the testator died without a will. Using 2 disinterested witnesses avoids this risk entirely.

  4. 4

    A self-proving affidavit is available, and it needs a notary. Under Wis. Stat. Section 853.04, the testator and witnesses can sign a sworn affidavit before an officer authorized to administer oaths (a notary), who then certifies it under seal. This affidavit is optional and separate from the will itself; it lets the will be admitted to probate without live witness testimony.

  5. 5

    Wisconsin does not recognize holographic wills. A handwritten will that is signed only by the testator, without the 2 required witnesses, is not valid in Wisconsin under Wis. Stat. Section 853.03. A will validly executed under the law of another state where it was signed, or of the testator's residence, domicile, or nationality, may still be honored under Wis. Stat. Section 853.05.

  6. 6

    The will itself does not need a notary. Wisconsin validates a will through 2 witnesses signing in the testator's conscious presence, not through notarization. A notary is required only for the optional self-proving affidavit, never for the base will.

  7. 7

    Minimum age is 18, and the testator must be of sound mind. Wis. Stat. Section 853.01 requires the testator to be 18 years of age or older and of sound mind (testamentary capacity) to make or revoke a will.

Key decisions before you file

Before you file a Last Will and Testament in Wisconsin, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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WISCONSIN LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Wisconsin, being 18 years of age or older and of sound mind, declare this to be my Last Will and Testament. I revoke all prior wills and codicils I have made.

  2. APPOINTMENT OF PERSONAL REPRESENTATIVE I appoint [NAME] as personal representative (executor) of my estate. If that person cannot or will not serve, I appoint [SUCCESSOR NAME] as successor personal representative.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests: describe each item or amount of property and the beneficiary (the person or organization receiving it) who receives it. If you wish to name a guardian for minor children, add that clause here as well.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, of whatever kind and wherever located, not otherwise disposed of in this will, to [RESIDUARY BENEFICIARY NAME]. This residuary estate is everything left over after specific gifts, debts, and expenses are paid.

  5. EXECUTION AND ATTESTATION This will was signed by me, the testator, and by 2 witnesses, each signing within a reasonable time after my signing or acknowledgment of this will, in the conscious presence of the witnesses, as Wis. Stat. Section 853.03 requires.

Signed: _____________________________ [TESTATOR NAME], Testator Date: [DATE]

We, the undersigned, each being 2 competent witnesses, declare that the testator signed this will, or acknowledged it, in our conscious presence, and that we sign as witnesses in the testator's conscious presence and in the presence of each other.

Witness 1 signature: _____________________________ Print name: [WITNESS 1 NAME] Address: [ADDRESS]

Witness 2 signature: _____________________________ Print name: [WITNESS 2 NAME] Address: [ADDRESS]

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Under Wis. Stat. Section 853.04, the testator and witnesses may sign this affidavit before a notary public to make the will self-proved, so the court can admit it without locating the witnesses later.

State of Wisconsin, County of [COUNTY]. We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being duly sworn, state that the testator signed this will as a free and voluntary act, that each witness signed at the testator's request, in the testator's conscious presence, and that to the best of each witness's knowledge the testator was 18 years of age or older and of sound mind.

[TESTATOR NAME], Testator [WITNESS 1 NAME], Witness

[WITNESS 2 NAME], Witness

Subscribed and sworn before me this [DATE].

Notary Public / Officer Authorized to Administer Oaths My commission expires: [DATE]

Note: This will is governed by Wisconsin Statutes Chapter 853. A Wisconsin will needs 2 witnesses signing in your conscious presence (Wis. Stat. Section 853.03); it does not need a notary unless you add the optional self-proving affidavit above. Do not use a beneficiary as a witness: under Wis. Stat. Section 853.07 a witness-beneficiary's gift is invalid above their intestate share, so choose 2 disinterested witnesses whenever possible. Wisconsin does not recognize a handwritten (holographic) will signed only by the testator without the required witnesses (Wis. Stat. Section 853.03). Keep the signed original in a safe place and tell your personal representative where to find it. This is a Wisconsin skeleton for a last will and testament. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Wisconsin in about a minute, and notarize it online through DocDraft if it does.

Wisconsin Requirements for Last Will and Testament

Sign the Will With 2 Witnesses

A Wisconsin will must be signed by the testator and by at least 2 witnesses who sign within a reasonable time after the testator signs or acknowledges the will, in the witnesses' conscious presence, under Wis. Stat. Section 853.03.

Avoid Using an Interested Witness

Under Wis. Stat. Section 853.07, if a witness (or the witness's spouse) is also a beneficiary, that beneficial gift is invalid to the extent it exceeds what the witness would have received had the testator died intestate. Use 2 witnesses who are not beneficiaries to avoid this risk.

No Notary Needed for the Will Itself

Wisconsin validates a will through witness signatures, not notarization. Wis. Stat. Section 853.03 requires 2 witnesses signing in the testator's conscious presence; a notary is not required to make the will itself valid.

Optional Self-Proving Affidavit Needs a Notary

Under Wis. Stat. Section 853.04, the testator and witnesses may sign a self-proving affidavit before an officer authorized to administer oaths (a notary), who certifies it under seal. This optional step lets a Wisconsin probate court admit the will without locating the witnesses to testify.

Wisconsin Does Not Recognize Holographic Wills

A handwritten will signed only by the testator, without the 2 witnesses Wis. Stat. Section 853.03 requires, is not valid in Wisconsin. Under Wis. Stat. Section 853.05, a will validly executed under the law of the state where it was signed, or of the testator's residence, domicile, or nationality, may still be honored.

Testator Must Be 18 and of Sound Mind

Wis. Stat. Section 853.01 requires the testator to be 18 years of age or older and of sound mind (testamentary capacity) to make or revoke a Wisconsin will.

Revoke by a Later Will or by Physical Act

Under Wis. Stat. Section 853.11, a Wisconsin will is revoked, in whole or in part, by a later will or codicil executed under Section 853.03 or 853.05 that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or destroying the will with intent to revoke.

Divorce Can Revoke Gifts to a Former Spouse

Wis. Stat. Section 854.15, referenced in Section 853.11, governs how a divorce or annulment affects provisions in a Wisconsin will for a former spouse or former domestic partner, generally revoking those provisions unless the will or a later agreement says otherwise.

Does your Last Will and Testament need to be notarized in Wisconsin?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

A Wisconsin will needs at least 2 witnesses, who must sign within a reasonable time after the testator signs or acknowledges the will, in the witnesses' conscious presence, under Wis. Stat. Section 853.03. Use witnesses who are not beneficiaries: under Wis. Stat. Section 853.07, a witness-beneficiary's gift is invalid above what they would have received without a will, so disinterested witnesses avoid the issue entirely.

No. A Wisconsin will is made valid by 2 witnesses signing in the testator's conscious presence under Wis. Stat. Section 853.03, not by a notary. A notary is used only for the optional self-proving affidavit under Wis. Stat. Section 853.04, a separate sworn statement that lets the will skip live witness testimony in probate; it is not required to make the will itself valid.

No. Wisconsin does not authorize holographic wills. Wis. Stat. Section 853.03 requires any Wisconsin-executed will, handwritten or typed, to be signed by the testator and by at least 2 witnesses. A handwritten will signed only by the testator, with no witnesses, is not valid here, though Wis. Stat. Section 853.05 may honor a holographic will validly made under the law of the state where it was executed or the testator's residence, domicile, or nationality.

Put your wishes in writing, name a personal representative to administer your estate, and sign the document. Then have at least 2 witnesses sign within a reasonable time after your signature, in their conscious presence, as Wis. Stat. Section 853.03 requires. You can add a self-proving affidavit before a notary under Wis. Stat. Section 853.04 to simplify probate later.

A valid Wisconsin will must be in writing, signed by a testator who is 18 or older and of sound mind under Wis. Stat. Section 853.01, and signed by at least 2 witnesses in the testator's conscious presence under Wis. Stat. Section 853.03. Using witnesses who are not also beneficiaries avoids the partial-invalidity risk under Wis. Stat. Section 853.07.

A self-proving affidavit is a sworn statement, signed by the testator and witnesses before a notary, that Wis. Stat. Section 853.04 allows you to attach to a will. It lets a Wisconsin probate court accept the will without locating the witnesses to testify that the signing was proper. It is optional and separate from the witness-signing requirement that makes the will itself valid.

You must be 18 years of age or older and of sound mind to make or revoke a will in Wisconsin, under Wis. Stat. Section 853.01. Sound mind, or testamentary capacity, generally means understanding that you are making a will, roughly what you own, and who would naturally inherit from you.

Under Wis. Stat. Section 853.11, you can revoke a Wisconsin will, in whole or in part, with a later will or codicil executed under Section 853.03 or 853.05 that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or destroying the will with intent to revoke. A divorce or annulment can also revoke provisions for a former spouse under Wis. Stat. Section 854.15.