How do I make a valid will in Wisconsin?

Question

Accepted Answer

Wisconsin wills are governed by Wis. Stat. Chapter 853.

1. Testator Requirements

Age: 18 or older (Wis. Stat. § 853.01).

Capacity: Sound mind.

2. Witness Requirements (Wis. Stat. § 853.03)

In writing.

Signed by the testator (or by another at the testator's direction in the testator's conscious presence).

Signed by 2 witnesses, each of whom signed within a reasonable time after witnessing any of the following: the signing of the will, the testator's implicit or explicit acknowledgment of the signature, or the testator's implicit or explicit acknowledgment of the will.

3. Notarization

Not required for validity. A self-proving affidavit (Wis. Stat. § 853.04) executed before a notary makes the will self-proved.

4. Holographic Wills NOT Recognized in Wisconsin

Wisconsin does not recognize holographic wills executed in Wisconsin. Wis. Stat. § 853.05 honors a will valid in the place where executed or where the testator was domiciled.

5. Statutory Will

Wisconsin provides a fill-in-the-blank statutory will form (Wis. Stat. § 853.55).

6. Marital Property State

Wisconsin is a marital property (community property) state. A will controls only the testator's individual property and the testator's half of marital property.

7. Harmless Error Rule

Wis. Stat. § 853.03(2) provides a harmless error rule — a document may be treated as a will if proponent shows by clear and convincing evidence that the decedent intended the document as a will.

8. Interested Witnesses

Wisconsin abolished the interested-witness rule (Wis. Stat. § 853.07) — a beneficiary may witness without losing the gift.

9. Intestacy (No Will)

Wis. Stat. § 852.01: Spouse + descendants all of marriage — spouse takes all. Spouse + descendants from outside marriage — spouse takes 1/2 individual property and the testator's 1/2 marital property, with descendants taking the remaining 1/2 individual.

10. Small Estate Threshold

Wisconsin's transfer by affidavit (Wis. Stat. § 867.03) is available for estates with property value not exceeding $50,000.

This is legal information, not legal advice.