Wisconsin wills
How to make a will in Wisconsin
What Wisconsin law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
Wisconsin will requirements at a glance
| Who can make a will | Anyone 18 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Don't use one (see below) |
| Handwritten (holographic) wills | Not valid |
| Self-proving affidavit | Available, with a form in state law |
| Electronic wills | Not allowed |
| Witnesses by live video | Allowed, with conditions |
| Online notarization for wills | Yes, within limits |
| File your will with the court while living | Available |
| State estate or inheritance tax | None |
How to sign a will in Wisconsin
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch.
- Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (Wis. Stat. 853.04 (one-step and two-step forms); for remote signings, the supervising attorney's affidavit of compliance counts as the self-proving affidavit (853.03(2)(c)13.))
- Store the original safely and tell your executor where it is. Wisconsin also lets you deposit your will with the probate court for safekeeping.
Who can make a will
Anyone 18 or older and of sound mind.
Witness rules
At least two witnesses each sign within a reasonable time after the testator's signing or acknowledgment, which must occur in the witness's conscious presence. The two witnesses may observe at different times (Wis. Stat. 853.03(2)(am), (bm)). 'Conscious presence' can include real-time two-way audiovisual appearance if an attorney licensed in Wisconsin supervises and the testator and both witnesses are physically in Wisconsin, among other conditions (853.03(2)(c)).
If a witness inherits: The will is valid, but gifts to a witness or the witness's spouse beyond their intestate share fail, unless two disinterested witnesses also signed or there is sufficient evidence the testator intended the full gift (Wis. Stat. 853.07(2)).
Handwritten wills
Not recognized; a will must have two witnesses (Wis. Stat. 853.03). Out-of-state wills valid where executed are honored (853.05).
Self-proving affidavit
Wisconsin lets you and your witnesses sign a self-proving affidavit, so the court can accept your will without contacting your witnesses. (Wis. Stat. 853.04 (one-step and two-step forms); for remote signings, the supervising attorney's affidavit of compliance counts as the self-proving affidavit (853.03(2)(c)13.))
Can I sign my will online in Wisconsin?
Witnesses can take part by live video, under conditions. 2023 Wis. Act 130 (enacted Mar. 21, 2024) allows remote witnessing of paper wills by two-way, real-time audiovisual technology. Conditions: an attorney in good standing licensed in Wisconsin supervises; the testator and witnesses are in Wisconsin; identities are verified; the will states it is executed under this section; signed originals or counterparts are routed to the attorney; and the attorney attaches an affidavit of compliance (853.03(2)(c)). (None; Wis. Stat. 853.03 requires a written will)
Online notarization: Wis. Stat. 140.147 expressly covers wills and codicils, with attorney supervision and both signer and notary physically in Wisconsin. (Wis. Stat. 140.145 (2019 Wis. Act 125); 140.147 (remote notarization of estate planning documents including wills, 2023 Wis. Act 130))
Online notary services such as Proof can host a signing session with a notary and, for a fee, witnesses (published prices start at about $25 per notarization plus $15 per witness). Before you sign, confirm the service supports will signings under Wisconsin law, and keep the signed original as the law requires. How online will signing works.
Good to know in Wisconsin
Remote witnessing works only with a supervising Wisconsin-licensed attorney and only if the testator and witnesses are physically in Wisconsin. Lifetime deposit with the county register in probate is available unless the county has opted out by ordinance (853.09).
Estate and inheritance taxes
Wisconsin has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Wisconsin will questions
Does a will need to be notarized in Wisconsin?
No. Two witnesses make a Wisconsin will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.
Are handwritten wills legal in Wisconsin?
Not recognized; a will must have two witnesses (Wis. Stat. 853.03). Out-of-state wills valid where executed are honored (853.05).
Can a beneficiary witness a will in Wisconsin?
The will is valid, but gifts to a witness or the witness's spouse beyond their intestate share fail, unless two disinterested witnesses also signed or there is sufficient evidence the testator intended the full gift (Wis. Stat. 853.07(2)).
Can I make a will online in Wisconsin?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Wisconsin lets witnesses take part by live video under conditions in state law.
Does Wisconsin have an estate or inheritance tax?
Wisconsin has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
Last reviewed October 24, 2026 against Wisconsin statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Wisconsin attorney.
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