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Browse our 3 legal questions about Will & Testament in United States and the lawyer answers, or ask your own questions for free.
A Will & Testament is a legal document that allows individuals to specify how their assets and property should be distributed after their death. In Wisconsin, these laws ensure that your wishes regarding the transfer of your estate are respected and legally binding. The process outlines how your real and personal property, money, and possessions are inherited by beneficiaries such as family, friends, or charitable organizations. Wisconsin recognizes different types of wills, and state law governs how these documents must be drafted, witnessed, and executed to be considered valid.
While it is possible to draft a Will & Testament without a lawyer, many situations benefit from professional legal advice. Common reasons to seek legal assistance include having a large or complex estate, wanting to minimize conflict or challenges among heirs, needing to set up trusts for minor children, managing business interests, addressing tax planning concerns, or ensuring the validity of the will according to Wisconsin law. It is also important to consult a lawyer if you have blended families, wish to exclude certain relatives, own property out-of-state, or suspect disputes may arise after your passing.
Wisconsin law requires that a will be made by an individual who is at least 18 years old and of sound mind. The will must be written (typed or handwritten), signed by the testator (the person making the will), and witnessed by at least two disinterested adults who also sign in the presence of each other and the testator. Wisconsin does not recognize oral (nuncupative) wills or holographic wills that are not properly witnessed. The state follows its own probate code, which details how wills are to be executed and contested. Additionally, Wisconsin is a marital property state, meaning certain assets acquired during marriage are treated as jointly owned, which can affect how property is distributed after death. If someone dies without a will (intestate), state law determines heirs and the distribution process.
If you die without a will (intestate), Wisconsin law governs how your assets will be distributed. Generally, property goes first to your spouse and children, then to more distant relatives if immediate family is not present. The probate court oversees this process.
A handwritten (holographic) will can be valid in Wisconsin as long as it is properly witnessed by two people who are disinterested parties and signed by you, the testator.
Any adult who is not a beneficiary under your will can serve as a witness. Using disinterested witnesses helps prevent potential conflicts of interest and challenges to your will’s validity.
Yes, you can change or revoke your will at any time while you are mentally competent. Changes are typically made by drafting a new will or adding a codicil (an amendment) that is executed with the same formalities as a will.
Probate is the court-supervised process of authenticating your will, appointing a personal representative, paying debts and taxes, and distributing your assets to beneficiaries. Not all estates require full probate, depending on their size and complexity.
Some assets can pass outside of probate through joint ownership, beneficiary designations, or living trusts. Consulting an attorney can help you set up your estate plan to minimize probate when possible.
Generally, if your will was validly executed according to the laws of another state, Wisconsin will recognize it. However, it is wise to have a lawyer review your out-of-state will to ensure it aligns with Wisconsin law.
Notarization itself is not required for a will to be valid in Wisconsin, but adding a “self-proving affidavit” in front of a notary can streamline authentication in court.
A personal representative, also called an executor, is the person you appoint in your will to manage your estate, pay debts, and distribute assets according to your instructions.
While you can attempt to disinherit a spouse, Wisconsin’s marital property and elective share laws mean your spouse may still have rights to a portion of your estate. Legal counsel is advised if you plan to disinherit a spouse.
The following resources can offer more information and guidance on Will & Testament matters in Wisconsin:
If you need legal assistance regarding a Will & Testament in Wisconsin, consider the following steps:
