Free Wisconsin Last Will and Testament Form

A Wisconsin last will and testament template is a written legal document that lets a testator name beneficiaries, choose an executor, and direct how their property is distributed after death. Wisconsin law sets specific signing and witness requirements for a valid will.

This page offers a free, fillable Wisconsin last will and testament template, along with instructions on how to complete it and answers to common questions about Wisconsin wills.

Wisconsin Last Will And Testament Template

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Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Wisconsin law. If you notice an error or outdated information, please contact us.

Wisconsin Last Will Laws and Requirements

Wisconsin last will requirements come from Wisconsin Statutes Chapter 853. A valid will must be in writing and signed by the testator, who must be at least 18 years old.[3] It must also be witnessed by at least two people who sign within a reasonable time.[2] The table below summarizes the core requirements and links to the statutes.

Requirements State laws
Statutes Chapter 853 - Wills
Definitions Subchapter 853.50 Definitions
Signing requirement Two witnesses 853.03 Execution of wills
Age of testator 18 or older 853.01 Capacity to make or revoke a will
Age of witnesses 18 or older 853.07 Witnesses
Self-proving wills Allowed 853.04 Self-proved will
Oral wills Not recognized 853.03 Execution of wills
Holographic wills Not recognized
Depositing a will Possible with the local circuit court 853.09 Deposit of will in circuit court during testator’s lifetime

How to Write a Wisconsin Last Will

1. Consider your alternatives. One important thing to bear in mind, first, is whether or not you need to write the entire will by hand or utilize a fillable last will and testament form available online.

2. Indicate your information. The initial step is establishing the testator by entering their full legal name, along with the residential information (city, county, and state). Go through the remaining portion of the passage, including the information you have written and the “Expenses and Taxes” subsection.
Details indication part of a template of will and testament Wisconsin

3. Determine the executor (or executrix). The next step is to select the executor of your last will, the person in charge of making sure everything you write in it gets carried out. You will need to give the executor’s full name and residence details (city, county, and state).

Choose someone who lives in Wisconsin when possible. An out-of-state executor can face extra paperwork under other states’ rules for handling an out-of-state estate. It is also wise to name a backup executor in case your first choice cannot serve.

Executor choosing section of a Wisconsin last will form

4. Choose a guardian (optional). If you have minor or dependent children, you can name a trusted guardian to look after them. If your will does not name a guardian, Wisconsin will appoint one for you.

Appointing the guardian section of Wisconsin last will document

5. Indicate your beneficiaries. Now establish people to whom you wish to leave your property, that is, your beneficiaries. Fill out their full names, places of residence, and your connection to them (spouse, child, friend).

6. Allocate possessions. List the assets you want to leave to each beneficiary, including cash, stocks, real estate, business interests, and other property of value in your estate. If you want an uneven split among beneficiaries, explain your reasoning in this section.

Jointly owned property, living trust assets, and life insurance with a named beneficiary generally pass outside a will, so they do not belong in this section.

Section for specifying beneficiaries and allocating assets of a last will for Wisconsin

7. Sign the will with your witnesses. Wisconsin law requires at least two witnesses to sign a will for it to be legally binding. Each witness must be over 18 and should not benefit from your will, so they have no personal stake in its contents.

You must sign the will yourself, or have someone else sign in your name at your direction and in your presence.[2] Naming a witness younger than you can help make sure a witness is still available if the will is ever contested.

After you and your two witnesses review the will, everyone must print their full name and address and sign it.

Witnesses signing section of a Wisconsin last will template

Tip: A self-proving affidavit offers an additional benefit for Wisconsin probate: your will can be accepted without contacting your witnesses in person.[1.1] You can sign this affidavit with your will or at any time afterward.[1.2]

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Frequently Asked Questions

Is will notarization necessary by Wisconsin law?

A last will and testament in Wisconsin is valid without notarization. However, if you would like to add a self-proving affidavit to your will, you must attest it. A self-proving last will helps make the probate more efficient since it can be accepted without contacting the witnesses who signed it.[1.1]

IMPORTANT: Notarization is not required for a Wisconsin will, but a self-proving affidavit can make probate faster.

What is testamentary capacity?

Testamentary capacity is used to describe the testator’s (the individual writing the last will) legal and mental ability to write and change their last will and testament.

There are two requirements to fulfill: age and soundness of mind. In Wisconsin, you must be at least 18 years old to make a will.[3] Soundness of mind means you are aware of your estate and its beneficiaries and understand the effect of your actions.

Is child or spouse disinheritance allowed?

Disinheriting your spouse in Wisconsin is difficult. Wisconsin is what is known as a marital property state, and each spouse has a present one-half interest in the couple’s marital property under state law.[4] A last will generally cannot override that one-half share.

For your spouse, only the property you control on your own (your individual property) can be affected by disinheritance provisions in your last will.

A prenuptial agreement signed before the marriage is a common way to change how much of the marital property belongs to each spouse, including your spouse’s share.[4]

With regard to other family members, you can lawfully disinherit anyone else. This applies to your children and other relatives. Just add disinheritance clauses to the last will.

Am I allowed to modify a typewritten last will and testament after I sign it (in Wisconsin)?

Yes. As the testator, you may alter or revoke your last will at any time. The main exception is when you have signed an agreement, such as a prenuptial agreement, that limits your right to change your will.

Additionally, it is a good idea to revise your last will whenever you go through a major life event, including:

  • Adoption or birth of a child
  • You got divorced or married
  • Real estate or a considerable piece of property has been purchased or sold
  • Your financial situation has changed greatly

What will happen if I lose my last will?

Wisconsin law allows a lost or destroyed will to be admitted to probate in some cases, under Wis. Stat. § 856.17. Generally, only the original signed will can be probated.

Losing the original can create a legal presumption that you meant to revoke it. Whoever wants to probate a lost will must offer proof of its contents and that it was not intentionally destroyed.

Related documents Instances when you might need to create one
Codicil There are several small adjustments you wish to make to your will.
Self-proving affidavit You want the probate to be easier when it’s necessary.
Living will You would like to express your wishes about the end-of-life health care and life-prolonging measures.
Living trust You want to look at an alternative to a last will.

Last Will and Testament Forms for Other States

This page is general information about Wisconsin last wills, not legal advice. For advice on your situation, talk to a Wisconsin attorney.

Sources

  1. Wis. Stat. 853.04 §§ Wis. Stat. 853.04 to 853.04.
    • 1.1 Wis. Stat. 853.04
    • 1.2 § 853.04
  2. Wis. Stat. § 853.03.
  3. Wis. Stat. § 853.62.
  4. Wis. Stat. § 766.31. Accessed September 2026.
Published: Jul 3, 2022
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.