Free Wisconsin Last Will and Testament
Build a complete Wisconsin will in minutes — free, no account. Fill in your details and download a ready-to-sign PDF with the protective clauses built in and Wisconsin's correct signing requirements.
A free, ready-to-sign will — but not legal advice.
This builds a complete Wisconsin will with the protective clauses most templates skip (survivorship period, residuary, minor's trust, executor powers). It becomes legally valid only when you sign it correctly (see the signing steps below). For a large or blended estate, have an attorney review it. RecordingLaw.com is not a law firm.
About you
Children
Name all your children, even any you are not leaving anything to — naming them prevents an 'omitted child' claim.
Who inherits everything else (your residuary estate)
The catch-all gift of everything not specifically given. Shares should total 100%.
Specific gifts (optional)
Particular items or sums to particular people.
Executor (the person who carries out your will)
Options
Naming them states the omission is intentional. Note: you generally cannot fully disinherit a spouse (see the warnings).
Before you sign — Wisconsin notes
Choose 2 witnesses who are adults and who do NOT inherit under this Will. A beneficiary (or a beneficiary's spouse) should never witness your Will.
Add at least one residuary beneficiary with a share above 0%. Without a residuary gift, everything not specifically given would pass by intestacy (state default rules), defeating the point of the Will.
To make this Will valid in Wisconsin: A valid Wisconsin will must be in writing and signed by the testator (or signed for the testator at the testator's direction in the testator's conscious presence), and signed by at least two witnesses, each of whom signs within a reasonable time after witnessing the testator's signing or acknowledgment in the witness's conscious presence (Wis. Stat. § 853.03). Witnesses may observe at different times and need not sign in each other's presence. Notarization is not required for validity. To make the will self-proving, the testator and witnesses execute the § 853.04 affidavit before an officer authorized to administer oaths under official seal. Wisconsin offers an optional statutory 'Wisconsin Basic Will' fill-in form (Wis. Stat. § 853.55, with related §§ 853.50-853.62). Wisconsin does NOT recognize unwitnessed holographic wills.
This is a do-it-yourself Will for a straightforward estate. If you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family, have an attorney review it. This is not legal advice and RecordingLaw.com is not a law firm.
Or email yourself a copy (PDF)
Last Will and Testament of [YOUR FULL NAME]
ARTICLE I — DECLARATION
I, [YOUR FULL NAME], a resident of [CITY], [COUNTY] County, Wisconsin, being of full legal age to make a will and of sound mind and memory, declare this to be my Last Will and Testament, and I revoke all wills and codicils I have previously made.
ARTICLE II — FAMILY
I am not married.
If I have not named or provided for a child or other descendant in this Will, that omission is intentional and not the result of accident or mistake.
ARTICLE III — PAYMENT OF DEBTS, EXPENSES, AND TAXES
I direct my Executor to pay my legally enforceable debts, the expenses of my last illness and funeral, the costs of administering my estate, and any estate or inheritance taxes payable by reason of my death, out of the residue of my estate, without apportionment.
ARTICLE IV — TANGIBLE PERSONAL PROPERTY
I give my tangible personal property (household goods, furniture, vehicles, jewelry, collections, and personal effects not otherwise specifically given) to my residuary beneficiaries as they agree, or as my Executor determines if they cannot agree.
I may leave a separate written memorandum, signed and dated by me, disposing of items of tangible personal property. Wisconsin law allows such a memorandum to be given effect, and I direct my Executor to honor the most recent such memorandum I leave.
ARTICLE V — RESIDUARY ESTATE
I give all the rest, residue, and remainder of my estate to [RESIDUARY BENEFICIARY].
If no beneficiary named in this article survives me, my residuary estate shall pass to my heirs at law under the intestacy laws of my state.
ARTICLE VI — SURVIVORSHIP
Except as otherwise provided, a beneficiary must survive me by 30 days to receive any gift under this Will. A beneficiary who does not survive me by 30 days shall be treated as having predeceased me. This protects my estate from passing through the estate of a beneficiary who dies shortly after me.
ARTICLE VII — APPOINTMENT OF EXECUTOR
I nominate [EXECUTOR NAME] as Executor of this Will.
I direct that my Executor serve without bond and, to the fullest extent allowed by law, without court supervision (independent administration). My Executor shall have all powers granted to executors and personal representatives under the law of my state, including the power to sell, lease, invest, and distribute estate property, to pay debts and taxes, and to settle claims, all without prior court approval, as my Executor deems to be in the best interest of my estate.
ARTICLE VIII — DIGITAL ASSETS
I authorize my Executor to access, manage, distribute, and dispose of my digital assets and electronic communications, and to act as my fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act (or its equivalent in my state), with full authority to consent to a custodian's disclosure of the content and records of my electronic communications and accounts.
ARTICLE IX — SIMULTANEOUS DEATH
If any beneficiary and I die under circumstances in which the order of our deaths cannot be established, that beneficiary shall be deemed to have predeceased me. If my spouse and I die under such circumstances, my spouse shall be deemed to have predeceased me.
ARTICLE X — GENERAL PROVISIONS
This Will shall be governed by the laws of the State of Wisconsin.
If any provision of this Will is held invalid, the remaining provisions shall remain in full effect. Words of one gender include the other, and the singular includes the plural, as the context requires. The headings are for convenience only and do not affect the meaning of this Will.
EXECUTION
IN WITNESS WHEREOF, I sign this Will, consisting of the foregoing pages, on this _____ day of ____________, 20____, at [CITY], Wisconsin.
____________________________________
[YOUR FULL NAME], Testator
ATTESTATION — The foregoing instrument was signed by the Testator and declared to be the Testator's Will in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, sign below as witnesses, believing the Testator to be of sound mind and under no constraint or undue influence.
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
SELF-PROVING AFFIDAVIT (Wis. Stat. § 853.04) — sign this part before a notary to make probate easier:
Wisconsin prescribes a statutory self-proved-will affidavit (Wis. Stat. § 853.04). One-step (simultaneous) form, in substantially the following form:
"State of _______ County of _______
I, [TESTATOR], the testator, sign my name to this instrument this ___ day of ____, and being first duly sworn, declare to the undersigned authority all of the following: 1. I execute this instrument as my will. 2. I sign this will willingly, or willingly direct another to sign for me. 3. I execute this will as my free and voluntary act for the purposes expressed therein. 4. I am 18 years of age or older, of sound mind and under no constraint or undue influence.
Testator: _________
We, [WITNESS 1], [WITNESS 2], the witnesses, being first duly sworn, sign our names to this instrument and declare to the undersigned authority all of the following: 1. The testator executes this instrument as his or her will. 2. The testator signs it willingly, or willingly directs another to sign for him or her. 3. Each of us, in the conscious presence of the testator, signs this will as a witness. 4. To the best of our knowledge, the testator is 18 years of age or older, of sound mind and under no constraint or undue influence.
Witness: _________ Witness: _________
Subscribed and sworn to before me by [TESTATOR], the testator, and by [WITNESS 1] and [WITNESS 2], witnesses, this ___ day of ____, ____.
(Seal) (Signed): _________ (Official capacity of officer): _________"
(Wis. Stat. § 853.04(2) provides a separate combined two-step form for an attested will made self-proved after execution.)
How to Sign Your Will in Wisconsin
A valid Wisconsin will must be in writing and signed by the testator (or signed for the testator at the testator's direction in the testator's conscious presence), and signed by at least two witnesses, each of whom signs within a reasonable time after witnessing the testator's signing or acknowledgment in the witness's conscious presence (Wis. Stat. § 853.03). Witnesses may observe at different times and need not sign in each other's presence. Notarization is not required for validity. To make the will self-proving, the testator and witnesses execute the § 853.04 affidavit before an officer authorized to administer oaths under official seal. Wisconsin offers an optional statutory 'Wisconsin Basic Will' fill-in form (Wis. Stat. § 853.55, with related §§ 853.50-853.62). Wisconsin does NOT recognize unwitnessed holographic wills.
Wisconsin requires 2 witnesses: The will must be signed by at least two witnesses, each of whom signed within a reasonable time after either the testator's signing of the will, or the testator's acknowledgment of the testator's signature, or the testator's acknowledgment of the will — in each case in the conscious presence of the witness. The two witnesses may observe the signing/acknowledgment at different times (Wis. Stat. § 853.03(2)). A will is not invalidated because signed by an interested witness, but a gift to an interested witness is reduced to the witness's intestate share unless there are also two disinterested witnesses or sufficient evidence of intent (Wis. Stat. § 853.07).. Your will does not need to be notarized to be valid. Sign the self-proving affidavit (Wis. Stat. § 853.04) before a notary so your witnesses won't have to testify in probate.
Can You Disinherit a Spouse in Wisconsin?
Wisconsin is a MARITAL-PROPERTY (community-property-style) state. The surviving spouse already owns one-half of all marital property by ownership. Instead of a classic elective share, Wisconsin gives a DEFERRED MARITAL PROPERTY elective share: the survivor may elect up to 50% of the 'augmented deferred marital property estate' — i.e., assets that WOULD have been marital property but were not classified/held as such (e.g., property brought in from a common-law state). The survivor cannot reach the decedent's separate/individual (non-marital) property beyond this. So a spouse keeps their 1/2 of true marital property automatically, and can reach up to 50% of deferred marital property; pure individual property can be disinherited.
No-contest clauses: A no-contest / penalty clause in a governing instrument may NOT be enforced if the court determines the interested person had PROBABLE CAUSE for instituting the proceedings. Standard probable-cause exception.
Frequently Asked Questions
Is a will made online valid in Wisconsin?
Yes, if you sign it correctly. Wisconsin requires 2 witnesses. The document this tool creates is a standard typed will; it becomes legally valid when you sign it following the steps above.
Does my Wisconsin will need to be notarized?
No. Wisconsin does not require your will to be notarized. Notarizing the separate self-proving affidavit is optional but makes probate easier.
How many witnesses does a Wisconsin will need?
2 witnesses. The will must be signed by at least two witnesses, each of whom signed within a reasonable time after either the testator's signing of the will, or the testator's acknowledgment of the testator's signature, or the testator's acknowledgment of the will — in each case in the conscious presence of the witness. The two witnesses may observe the signing/acknowledgment at different times (Wis. Stat. § 853.03(2)). A will is not invalidated because signed by an interested witness, but a gift to an interested witness is reduced to the witness's intestate share unless there are also two disinterested witnesses or sufficient evidence of intent (Wis. Stat. § 853.07). They should be adults who do not inherit under the will.
Can I leave my spouse out of my Wisconsin will?
Wisconsin is a MARITAL-PROPERTY (community-property-style) state. The surviving spouse already owns one-half of all marital property by ownership. Instead of a classic elective share, Wisconsin gives a DEFERRED MARITAL PROPERTY elective share: the survivor may elect up to 50% of the 'augmented deferred marital property estate' — i.e., assets that WOULD have been marital property but were not classified/held as such (e.g., property brought in from a common-law state). The survivor cannot reach the decedent's separate/individual (non-marital) property beyond this. So a spouse keeps their 1/2 of true marital property automatically, and can reach up to 50% of deferred marital property; pure individual property can be disinherited.
Is this really free?
Yes. The generator is free, requires no account, and runs in your browser — your answers are not sent to a server. It is not legal advice and RecordingLaw.com is not a law firm.
Disclaimer
This generator produces a general-purpose will for a straightforward estate and is not legal advice or a substitute for an attorney. Will and probate law changes; the Wisconsin requirements here are current as of 2026-06-03. A will is only valid if signed and witnessed correctly. For a large, blended, or complex estate, tax planning, a special-needs beneficiary, or to disinherit close family, consult a Wisconsin estate-planning attorney. RecordingLaw.com is not a law firm.
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