How to Make a Will in Wisconsin

If you're a Wisconsin resident and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name a personal representative, the person who makes sure that the terms of your will are carried out.

Your will can dispose of any property you own at the time you make your will, as well as any property you acquire after making it or that your estate obtains after your passing. (Wis. Stat. § 853.29 (2025).)

Below you'll find an overview of what a will can do for you, what Wisconsin laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Wisconsin

Here's a quick checklist for making a will in Wisconsin:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose a personal representative to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In Wisconsin, if you die without a will, your property will be distributed according to state "intestacy" laws. Wisconsin's intestacy law gives your property to your closest relatives, beginning with your spouse and children. This list continues with increasingly distant relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Wisconsin?

Yes. You can make your own will in Wisconsin. Wisconsin has a basic will template in its statutes that you can use. This basic will is good for people with simple assets and family dynamics, but it isn't very flexible. (Wis. Stat. § 853.55 (2025).)

For more flexibility, you can use Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Wisconsin

To make a will in Wisconsin, you must be:

• an individual 18 years of age or older, and
• of sound mind.

(Wis. Stat. § 853.01 (2025).)

You must make your will in writing on actual paper. It can't be on audio, video, or a digital file. (See "Can I Make a Digital or Electronic Will?," below.) (Wis. Stat. § 853.03 (2025).)

How to Sign and Execute My Wisconsin Will

To finalize your will in Wisconsin, you must sign it AND:

• sign or acknowledge your will in the "conscious presence" of two witnesses, and
• your witnesses must sign your will within a "reasonable time" after your signing or acknowledgment.

(Wis. Stat. § 853.03 (2025).)

"Conscious presence" means being physically present with the will maker or appearing remotely by live audio-visual technology. However, it's generally best to be present with your witnesses. If you want to have your witnesses present remotely, Wisconsin law requires an attorney to supervise the remote signing. (Wis. Stat. § 853.03 (2025).)

It is best to have only "disinterested" people (those who won't inherit from your will) sign your will as witnesses. Interested witnesses can be prohibited from receiving the gifts you leave them. (Wis. Stat. § 853.07 (2025).)

Do I Need to Have My Will Notarized?

No, in Wisconsin, you don't need to notarize your will to make it legal. However, Wisconsin allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that states who you are and that each of you knew you were signing the will. (Wis. Stat. § 853.04 (2025).)

Can I Make a Digital or Electronic Will?

In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in some states, Wisconsin currently doesn't allow them.

Can I Choose and Appoint a Personal Representative in My Will?

Yes. In Wisconsin, you can use your will to name a personal representative (sometimes called an "executor") who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your personal representative that generally explains what the job requires. If you don't name a personal representative, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Wisconsin?

In Wisconsin, you may revoke or change your will at any time unless you signed a contract not to revoke your will. (Wis. Stat. § 853.13 (2025).)

You can revoke your will by:

• burning, tearing, canceling, obliterating, or destroying all or part of your will with the intent to revoke it
• ordering someone else to burn, tear, cancel, obliterate, or destroy all or part of your will in front of you with the intent to revoke it, or
• making a new will that says it revokes the old will or has contradictory terms to the old will.

(Wis. Stat. § 853.11 (2025).)

If you have two wills and it's not clear whether you revoked the old will or not, Wisconsin has rules that determine whether your new will revokes the old one or simply adds to it. Wisconsin law presumes you intended to revoke your old will if the new will disposes of your entire estate. If you didn't dispose of your entire estate in your new will, Wisconsin law presumes you only meant to add on to your old will. In this situation, the personal representative should follow the instructions in both wills. If there's a contradictory term, the personal representative should follow the instructions of the new will for that particular term. (Wis. Stat. § 853.11 (2025).)

If you and your spouse divorce (or if a court determines that your marriage isn't legal), Wisconsin law revokes any language in your will that leaves property to your spouse or names your spouse to be your personal representative. This rule also applies to any relatives of your former spouse. This rule doesn't apply if you remarry your spouse or you specifically state in your will (or a divorce decree or contract relating to the division of your property states) that divorce won't affect the provisions in your will. (Wis. Stat. § 854.15 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help. If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Wisconsin's laws about making wills here: Wisconsin Statutes, Chapter 853 Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Wisconsin wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Wisconsin, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Wisconsin?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Wisconsin, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the probate court (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your personal representative or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, Wisconsin does allow will makers to deposit their wills with the probate court for safekeeping before they die. Wills deposited with the court will be kept under seal until the will maker's death. After a will maker's death, the court will open the will for probate when it receives a death certificate. (Wis. Stat. § 856.03 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Wisconsin doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.