How to Make a Will in Wisconsin (2026 Guide)

A will made in Wisconsin must be signed by you and by 2 witnesses to be valid. Yes (Wis. Stat. § 853.04). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Wisconsin will covers, generated from the same rules.

Make my free Wisconsin will

Wisconsin will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	Yes
Personal property memorandum	Yes
No-contest clause	Limited
Will execution statute	Wis. Stat. § 853.03
Financial POA statute	Wis. Stat. ch. 244 (Wisconsin Uniform Power of Attorney for Finances and Property Act, 2010); statutory form at § 244.61
Healthcare directive statute	Wis. Stat. ch. 155 (power of attorney for health care; Department of Health Services form under § 155.30) and ch. 154 (declaration to physicians, living will; form at § 154.03)

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will, or the testator's implicit or explicit acknowledgment of the will (Wis. Stat. § 853.03). Witnesses need not sign in each other's presence. Use adult witnesses who take nothing under the will: a gift to a witness (or the witness's spouse) is void beyond the witness's intestate share unless the will is also signed by two other disinterested witnesses or the court finds no undue influence (Wis. Stat. § 853.07). Signing together in one sitting is the safest practice.

Do you need a notary in Wisconsin?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Wis. Stat. § 853.04). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Wisconsin

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will, or the testator's implicit or explicit acknowledgment of the will (Wis. Stat. § 853.03). Witnesses need not sign in each other's presence. Use adult witnesses who take nothing under the will: a gift to a witness (or the witness's spouse) is void beyond the witness's intestate share unless the will is also signed by two other disinterested witnesses or the court finds no undue influence (Wis. Stat. § 853.07). Signing together in one sitting is the safest practice.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Wis. Stat. § 853.04). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Wisconsin allows a testator to deposit a will with the register in probate of the county of residence for safekeeping during the testator's lifetime for a $10 fee; it is sealed and released only to the testator or, after death, opened and filed (Wis. Stat. § 853.09). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

Wisconsin is a marital (community) property state and has no elective share. Each spouse already owns one-half of the marital property (Wis. Stat. ch. 766), so a will disposes of only the testator's half plus individual property. A surviving spouse may elect to take one-half of the 'deferred marital property' — property acquired during the marriage before Wisconsin's marital property law applied to the couple — regardless of the will (Wis. Stat. § 861.02), and may also petition to keep the home and household property (Wis. Stat. §§ 861.21, 861.33).

Wisconsin is a community property state. Property acquired during marriage is generally owned half by each spouse. A will disposes only of the testator's half plus separate property. Our Wisconsin will includes a community property acknowledgment.

Homestead

No special restriction on devising a homestead by will (the spouse already owns half of a marital-property home), but the surviving spouse may petition the court to assign the home to the spouse in place of other property (Wis. Stat. § 861.21); the homestead exemption from creditors is in Wis. Stat. § 815.20.

If you die without a will in Wisconsin

If you die without a will in Wisconsin, your spouse takes everything if you leave no issue, or if all of your issue are also your spouse's. If you have any issue who is not your spouse's, the spouse takes one-half of your individual (non-marital) property and none of your half of the marital property — which goes to your issue (Wis. Stat. § 852.01). With no spouse, everything passes to issue, then parents, then siblings. More on intestacy.

Other estate-planning documents in Wisconsin

• Durable financial power of attorney: Wis. Stat. ch. 244 (Wisconsin Uniform Power of Attorney for Finances and Property Act, 2010); statutory form at § 244.61. The power of attorney must be signed by the principal (or by another adult in the principal's conscious presence at the principal's direction); a signature acknowledged before a notary public is presumed genuine and is required in practice (Wis. Stat. § 244.05). Witnesses are not required by statute; two adult witnesses are recommended. Record it with the register of deeds before using it for real estate.
• Advance healthcare directive: Wis. Stat. ch. 155 (power of attorney for health care; Department of Health Services form under § 155.30) and ch. 154 (declaration to physicians, living will; form at § 154.03). A power of attorney for health care must be signed by the principal in the presence of two adult witnesses, who also sign; a witness may not be related to the principal by blood, marriage or adoption, the appointed agent, the principal's health care provider or an employee of the provider (other than a chaplain or social worker), an employee of an inpatient facility where the principal is a patient, or entitled to any part of the estate (Wis. Stat. § 155.10). Notarization is not required. Wisconsin publishes a state form (Wis. Stat. § 155.30) that should be used or substantially followed. A declaration to physicians (living will) requires two witnesses with similar restrictions (Wis. Stat. § 154.03).
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Wis. Stat. § 853.32(2)).

Wisconsin notes

• Wisconsin is a marital property state under the Wisconsin Marital Property Act (Wis. Stat. ch. 766), which works like community property. Your will controls only your individual property and your one-half interest in marital property; a marital property agreement, if you have one, may pass property outside the will.
• Wisconsin publishes a basic statutory will form (Wis. Stat. § 853.55). This service's will is not the statutory will form; it is a conventional attested will.
• Wisconsin does not recognize holographic (unwitnessed handwritten) wills.

Frequently asked questions

How many witnesses does a will need in Wisconsin?

Wisconsin requires 2 witnesses (Wis. Stat. § 853.03). Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's conscious presence and at the testator's direction), and signed by at least two witnesses, each of whom signed within a reasonable time after witnessing either the signing or the testator's acknowledgment of the signature or of the will, or the testator's implicit or explicit acknowledgment of the will (Wis. Stat. § 853.03). Witnesses need not sign in each other's presence. Use adult witnesses who take nothing under the will: a gift to a witness (or the witness's spouse) is void beyond the witness's intestate share unless the will is also signed by two other disinterested witnesses or the court finds no undue influence (Wis. Stat. § 853.07). Signing together in one sitting is the safest practice.

Does a will need to be notarized in Wisconsin?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Wisconsin have a self-proving affidavit?

Yes (Wis. Stat. § 853.04). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Wisconsin?

Wisconsin does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in Wisconsin?

Wisconsin is a marital (community) property state and has no elective share. Each spouse already owns one-half of the marital property (Wis. Stat. ch. 766), so a will disposes of only the testator's half plus individual property. A surviving spouse may elect to take one-half of the 'deferred marital property' — property acquired during the marriage before Wisconsin's marital property law applied to the couple — regardless of the will (Wis. Stat. § 861.02), and may also petition to keep the home and household property (Wis. Stat. §§ 861.21, 861.33).

What happens if I die without a will in Wisconsin?

If you die without a will in Wisconsin, your spouse takes everything if you leave no issue, or if all of your issue are also your spouse's. If you have any issue who is not your spouse's, the spouse takes one-half of your individual (non-marital) property and none of your half of the marital property — which goes to your issue (Wis. Stat. § 852.01). With no spouse, everything passes to issue, then parents, then siblings.

Is a no-contest clause enforceable in Wisconsin?

Wisconsin has no statute on no-contest clauses in wills. Wisconsin courts have enforced them but construe them strictly, and a contest brought in good faith with probable cause may not trigger forfeiture. Treat enforceability as uncertain.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.