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You may have a unique situation or have specific questions about what is right for you and your family. In these cases, it may be best to talk to an attorney.
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Do you have a large estate or an interest in more advanced estate planning tools like trusts?

If your estate equals or exceeds a value of $1 million, or needs special estate planning tools like trusts, it may be best to talk with an attorney.
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Our directory of experienced, local attorneys can help you with circumstances such as:
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  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Are you looking to have your estate planning basics covered?

Our Estate Planning Package includes a Last Will & Testament, Health Care Directive & Living Will, and Financial Power of Attorney to cover all of your basic estate planning needs.
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Do you have minor children?

If you have minor children, you will want to name a guardian for them.
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Do you have pets?

If you have a pet or pets, you will want to name someone to care for them.
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Do you want to leave gifts to people or a charity?

If you want to give items or money to people or charities, you will want to make what are known as “specific gifts.”
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Do you own a business?

If you own a business or a share of a business, you will want to plan for succession of ownership.
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Do you want to decide how your property is distributed when you pass away?

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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Thank you for taking our quiz!
Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Estate Planning Package

For One person

$135
What’s included:
  • Last will and testament
  • Living will
  • Power of attorney
  • Free HIPAA release form
  • A comprehensive plan — for less
  • Free changes and revisions for up to one year after purchase
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Power of Attorney

For one person

$39
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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Living Will

For One Person

$39
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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Last Will and Testament

For One Person

$79
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
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Estate Planning Package

For two people

$255
What’s included:
  • Two wills, living wills, and powers of attorney
  • Two free HIPAA release forms
  • You and your loved one create your own estate plans tailored to your individual needs
  • Attorney-approved documents customized to your state’s laws
  • Free changes and revisions for up to one year after purchase
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Power of Attorney

For two people

$78
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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Living Will

For Two People

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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Last Will and Testament

For Two People

$149
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
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Living Will + Power of Attorney

For one person

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Last Will and Testament + Power of Attorney

For one person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
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All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For One Person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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All done! Based on your answers, we recommend:

Living Will + Power of Attorney

For two people

$156
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Last Will and Testament + Power of Attorney

For two people

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
Close

All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For Two People

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase

How to Make a Will in Wisconsin FAQ

Creating a last will and testament is an important step for every adult. Your will is a crucial part of your estate planning and allows you to make your wishes known. Our FAQs give you all the information you need to create your Wisconsin will.

Table of Contents

What If I Die Without a Will in Wisconsin?

When a person dies and has a will, the will instructs the probate court on the distribution of their real estate and personal property among their loved ones. When a decedent does not have a will, they are “intestate,” and Wisconsin intestacy laws control who gets your assets when you die.

When there is no will, the surviving spouse and children inherit the estate. If there is no spouse or child, inheritance passes to the next of kin, such as parents, siblings, or grandparents. If no next of kin is found, the state receives the assets.

What Does a Will Do?

A will allows you to specify your wishes and leave instructions on how to handle your estate. In your choice, you can do the following:

  • Names a personal representative or executor who is responsible for locating your will, submitting it to the probate court, and carrying out your wishes as your will moves through the probate process
  • Identifies and gives away specific personal property and real estate to the people you identify
  • Names beneficiaries who are usually your loved ones, family members, or close friends whom you have selected to receive the rest of your assets and belongings.
  • Makes charitable bequests to the charities of your choice
  • Names guardians for your minor children so that the court knows your wishes about who you want to care for them
  • Names caregivers for pets and sets aside funds for their care

Having a will speeds up the probate process. Because you specify your wishes, a probate court won’t have to sort it out, saving your loved ones time and money.

What Doesn’t a Will Do?

Your Wisconsinlast will and testament allows you to distribute money, personal property, and real estate. However, some assets do not transfer through a will. These are called non-probate assets, and they pass according to the terms of their own documents. These include:

  • Funds in payable-on-death or transfer-on-death bank accounts
  • Proceeds from life insurance policies or annuities (to beneficiaries other than to the estate itself)
  • Pensions
  • Retirement Benefits, 401(k)s, IRAs, and Keoughs
  • Property owned as joint tenants with right of survivorship
  • Trusts, including revocable living trusts and assets owned by trusts

Check your accounts and policies to make sure you include named beneficiaries and back up beneficiaries in case your primary beneficiary dies before you. Any account or policy without a named beneficiary goes back into your probate estate.

Additionally, wills do not control your assets or medical decisions during your life. You can handle those matters with separate documents, such as a power of attorney and living will.

Who Can Make a Will in Wisconsin?

According to Wisconsin law, the testator, the person making the will, must meet specific requirements to make a valid will.

  • Age: The testator must be 18 years of age or older
  • Sound Mind: The testator must be of sound mind. Being of sound mind means the person making the will understands what they own, who their natural heirs are, how they want to distribute their property, and that they are signing their will.

A testator must also have a sound mind, called testamentary capacity, at the time they make and sign the will. Wisconsin residents with concerns about their testamentary capacity should consult an estate planning attorney for legal advice and assistance.

Does Wisconsin Have a Statutory Will?

Wisconsin has a statutory will, a template the state has created that Wisconsin residents can use to create their own will. You can find it in Wisconsin Statute 853.55.

However, you do not have to use the statutory form. It is quite limited in how you distribute your property and only the testator can sign it for validity. There are better options for a Wisconsin will: either create your own will customized to your needs or hire an estate planning attorney for legal advice. Many people looking for self-help solutions choose FindLaw Legal Forms and Services to make a will conforming to Wisconsin law.

What Types of Wills Does Wisconsin Accept?

The most common type of will is typewritten or printed and signed by the testator. There are other types of will to be aware of and if Wisconsin allows them,

  • Handwritten Will: Also called a holographic will, this is a will completely written in the testator’s handwriting and signed by them without a witness present. It is only a valid will in Wisconsin if it was executed in another jurisdiction (state) and met the requirements in that state to be valid. A holographic will created within Wisconsin is not valid.
  • Oral Will: An oral or spoken will is not valid in Wisconsin.
  • Electronic Will: An electronic will is digital only and signed, witnessed, or notarized through electronic means. At this time, electronic wills are not valid in Wisconsin.

These types of wills may be subject to challenges in court for undue influence or fraud, so it is always safest to complete a typed or printed will and sign with witnesses.

Can I Make My Own Will in Wisconsin?

You can make your own will in Wisconsin. The state does not require you to use an attorney to draft a will. If you have a simple estate and know your wishes, you can make their own will. Many people use FindLaw Legal Forms and Services to draft their will. One advantage of making your own will is that it is easy to update when you have a significant life change, such as the birth of a child, the death of a beneficiary, or divorce. Simply revoke your old will and create a new will.

How Do I Make My Will Valid in Wisconsin?

To ensure that your will is valid in Wisconsin, follow Wisconsin’s legal requirements, including the following.

  • Signature: The testator must sign the will themselves. However, they can sign with the assistance of someone else if the testator consents or another person can sign it for them at the testator’s direction and in the testator’s conscious presence.
  • Witnesses: A competent witness is someone who is able to testify in court. Two competent witnesses must sign the will within a reasonable time after the testator signs it in their conscious presence or when the testator acknowledges to the witnesses that they signed the will or directed another to sign. Avoid using “interested witnesses” when possible, meaning a witness (or the witness’s spouse) who may benefit from your will. The will is still valid, but any bequest to an interested witness or their spouse is allowed only up to the amount they would have received under intestacy laws. If there are two other disinterested witnesses or sufficient evidence that the testator really wanted to make the bequest, then it stands.
  • Notary: You are not required to use a notary for your will in Wisconsin.
  • Self-Proving Affidavit: A self-proving affidavit is an affidavit attached to the will. The testator and witnesses sign it in front of a notary, swearing that this is the testator’s will and that they all signed it according to state requirements. This affidavit attached to the will, makes it self-proving and then used instead of witness testimony at probate.

Can I Disinherit My Spouse in Wisconsin?

You are not required to leave anything to your spouse in your will in Wisconsin, but if you fail to do so, they are entitled to seek half of the marital property, sometimes called an elective share. An elective share is a statutory amount that a surviving spouse may claim if left out of the will.

Can I Disinherit My Children in Wisconsin?

You can disinherit a child in Wisconsin by leaving them out of the will, but it is generally best to expressly state you are doing so.

If the testator had no children when they signed their will and a child is born or adopted after execution, that omitted child receives the share they would receive under intestacy laws.

If the testator had other living children at the time of execution and included them in the will, any omitted child shares in what is left to the included children unless it is clear the omission was intentional, or the testator provided for the child in another way (such as through non-probate assets).

What Estate Planning Documents Should I Have in Wisconsin?

A will is a key part of estate planning. However, a complete estate plan should also include the following:

  • Power of Attorney: You can authorize someone you trust to handle your financial affairs if you are unable. Your agent is a fiduciary who must act in your best interests. You decide what powers to grant your agent and when this authority begins and ends.
  • Living Will: In Wisconsin, a Power of Attorney for Health Care names someone who can make health care decisions for you if you cannot make them for yourself. They can also access your medical records. A Declaration to Physicians (Living Will) allows you to state your wishes for life-prolonging measures you want or do not want when you have an end-stage illness or terminal condition.

Fortunately, making a valid will and creating other Wisconsin estate planning documents is easy with online estate planning resources and templates.

Estate planning solutions to fit your needs.

Written by:

Brette Sember, J.D.

Contributing Author

Reviewed by:

Catherine Hodder, Esq.

Senior Legal Writer