How to Make a Will in Wisconsin

You can write a will in Wisconsin either by yourself or with the assistance of a Lawyer. It is essential to have a will, as it protects your assets and loved ones affected by your death by stating what should happen to your estate.

What are the Steps to Create a Will in Wisconsin

When writing a will, several steps must be followed to ensure that it contains all the necessary requirements and is valid.

The steps are as follows;

1. Inventory of Assets.

You should have a list of all your assets, including any passwords, debts, or liabilities. This is important to ensure that you leave all assets undistributed.

2. Beneficiary.

Your beneficiaries are the ones who will inherit your assets. Therefore, you should have a list of the beneficiaries so that you do not unknowingly leave anyone out of your inheritance.

3. Executor.

Appointing an executor is a crucial step as they will be responsible for managing and distributing your assets according to your wishes in the will. The executor should be capable of handling all that is required or directed by the Court.

4. Guardian.

When you have minor children, it is crucial that you appoint a guardian. A guardian is the individual responsible for the care and upkeep of the children. You should appoint someone willing and capable of taking over the responsibility of raising your children.

5. Write your will.

When you have gathered all the required information you want in your will, it is time to decide what type of will you require and write your will, distributing your assets according to your wishes.

6. Signing.

Once you have included everything in our will and are ready to finalize it, you need to sign the will, which acknowledges its content. The will should be witnessed by at least two witnesses, who should sign it within a reasonable time after the testator has signed.

7. Storage. 

Storing your will is a crucial and essential step that you need to decide on after writing your will. Your will should be easily accessible after your death. There are several options on where to store your will; 

• In a safety deposit box where you will store your will and will be required to give access rights to your person of choice or the executor, who can easily access the deposit box after your death.
• Put it in a safe inside your home. The safe should be fireproof and waterproof to avoid damage to the will.
• With the lawyer with explicit instructions on when and to whom the will should be released upon your death.

What Happens if I Don’t Have a Will?

When you do not have a will, and you die in Wisconsin, you will be considered to have died intestate, and your property will be distributed according to the intestacy laws of Wisconsin.

Your property will be given to your closest relatives, beginning with your spouse, children, grandchildren, and parents. The list continues to all distant relatives, and when the court does not find any living relative by blood or marriage, the state will take the property.

What Are the Requirements for Writing a Last Will and Testament in Wisconsin?

When writing a will in Wisconsin, several requirements need to be met in order for the Last Will and Testament to be valid and binding. Below are the requirements;

1. Age.

The testator must be at least 18 years old to write a will.

2. Capacity.

You must be of sound mind as provided under Wisconsin Statutes § 853.01. This means that as the testator, you understand what you own and your heirs, how to distribute the assets, and know you are signing your will.

3. Be in writing.

The will should be made on hard copy. It must be on actual paper. It cannot be an audio, video, or any digital file. You can type on the computer and print your will. 

4. Signature.

To finalize your will, you should date and sign it with the assistance of someone else and with the testator’s consent. 

5. Witnesses.

The will should be signed by two competent witnesses. A competent witness is someone who can testify in court. The witnesses must sign the will within a reasonable time after the testator signs it.

How Often Should You Review and Update Your Wisconsin Will?

You should review and update your Wisconsin will at least every five months to one year. The review can simply confirm that the content still aligns with your wishes.

However, any significant life event, such as marriage, divorce, the birth of a new family member, death, a business startup, or a health scare, should prompt a review and update of your will.

How to revise and update your will in Wisconsin

When you want to revise and update your will in Wisconsin, you must ensure it is done correctly. At LegalPen, the legal professionals will guide you through the process.

You can revise and update your will through the following methods;

1. A codicil. This is a legal document that is an addendum to the original will stating amendments and additions to the provisions of the will. The codicil will be executed similarly to a will. The Codicil forms part of the will and is to be read together.
2. Making a new will. You can revise or update your will by writing a new will and stating in the new will that all other previous wills are null and void.

What Makes a Will Valid in Wisconsin

A will is made valid in Wisconsin by meeting the Wisconsin legal requirement threshold, which includes the following;

1. Signature – the testator needs to sign the will to acknowledge it.
2. Witnesses – two competent witnesses who can testify in court should sign the will.
3. Notary – you are not required to notarize your will in Wisconsin. However, ther is a provision for a self-proving affidavit attached to your will, which is then used instead of witness testimony during probate.

Can a Handwritten Will Be Valid in Wisconsin?

Yes, a handwritten will can be valid in Wisconsin if it is executed in another state and meets the requirements in that state to be valid. However, a handwritten will created within Wisconsin is not valid. You can create your own will, known as a do-it-yourself will, which is simple and valid with available assistance from LegalPen.

How Do I Sign My Wisconsin Will?

As the testator, you must sign or acknowledge your will in front of two witnesses, who must sign your will within a reasonable time after the testator has signed.

What Can I Include in an Online Will in Wisconsin?

When writing an online will, you can include the following;

1. An inventory of the assets.
2. A list of the beneficiaries.
3. The appointed executor.
4. The appointed guardian for any minor children.
5. The mode of distribution for your assets.
6. Your debts and liabilities.
7. Your wishes for the funeral arrangements.
8. Any messages for your loved ones.

Types of assets covered in a Wisconsin will

There are different types of assets, some of which are covered under a Wisconsin will and some that are not.

The types of assets that are covered in Wisconsin Will are; 

1. Money.
2. Personal property, such as watches, clothes, and paintings.
3. Real estate.

Can I Revoke or Change My Will in Wisconsin?

Yes, you can revoke or change your will in Wisconsin. A will contains your personal wishes, which you have a right to change at any time unless you sign a contract not to revoke your will.

How do you Revoke or change your will in Wisconsin

Depending on how often should one update a will, there is always an option of revoking or changing your Wisconsin will. 

The revocation or change can be done by; –

1. Burning, tearing, or destroying all or part of your will with the intent of revoking it.
2. Making a new will that says it revokes the old will or any previous wills.

Can I Make a Digital or Electronic Will in Wisconsin?

No, you cannot make a digital or electronic will in Wisconsin as it is invalid.

Who Can Witness a Will in Wisconsin?

There are requirements and guidelines for who can witness a will in Wisconsin which are; 

1. The witness must be competent to testify when they witnessed your signature. 
2. It is advised that your witnesses should not be interested in the estate.

Should My Will Name an Executor?

Yes, your will should name an executor, as they are your chosen individual responsible for distributing and managing your assets after your death. 

What are the Wisconsin will executor requirements?

There are basic requirements for serving as a Wisconsin will executor;

1. Age. 

The executor must be at least 18 years old.

2. Capacity.

The executor must be of sound mind that a Court does not incapacitate.

3. Conviction.

A person who unlawfully and intentionally kills someone can’t serve as the deceased person’s executor under Wis. Stat. § 854.14 (2024)

What Happens to a Will After Death in Wisconsin?

When a person in Wisconsin dies having written a will, the executor must file the original will with the Registrar in Probate within 30 days of the date of death.

What is the Impact of Marriage and Divorce on Your Wisconsin Will

Wisconsin being a community property state, will divide all marital property and assets 50/50 in the event of a divorce. In marriage, your surviving spouse will be entitled to a share of your estate even though they are not mentioned in the will. Visit LegalPen for a sample will for married couples.

Do all wills in Wisconsin have to go through probate?

The probate process is mandatory in Wisconsin for any estate exceeding $50,000 in value or for revocable trusts.

Is Wisconsin a community property state?

Yes, Wisconsin is a community property state in which any property acquired by either spouse during the marriage is presumed to be community property and not the individual spouses’ property.

How is Wisconsin intestate succession done?

When you die without a valid will, your property will be distributed following the intestate laws.

You will lose control over what happens to your assets after your death. The court will appoint someone to be your personal representative who will distribute the inheritance to the beneficiaries.  

Your property will be given to your closest relatives, beginning with your spouse, children, grandchildren, and parents. The list continues to all distant relatives, and when the court does not find any living relative by blood or marriage, the state will take the property.

How is Estate and inheritance tax in Wisconsin done?

Wisconsin does not have an estate or inheritance tax. However, if you inherit property from another state, the state may have an estate tax that applies.

Why should middle-aged individuals consider a will?

Middle-aged individuals should consider a will, as they are a civic financial responsibility because they make provisions for a deceased person’s loved ones rather than leaving decisions unsettled.