Wills and estate planning in Wisconsin

Researched 2026-10-20 · confidence: high · 2026 figures

In plain words: in Wisconsin a will is valid when it's signed in front of 2 adult witnesses. There is no state estate tax. The federal estate tax exemption is $15,000,000 a person in 2026.

Witnesses to a will	2 (a third is a common precaution here)
Handwritten (holographic) will	Not recognised
Self-proving affidavit	Available
Electronic wills	Not allowed
Power of attorney	No notary · Uniform Power of Attorney Act
Health care directive	2 witnesses
State estate tax	No
State inheritance tax	No
Community property	Yes
Age of majority / UTMA age	18 / 21

Signing a will

Statute: Wis. Stat. § 853.03.

The will is valid, but gifts to an interested witness or the witness's spouse are void beyond their intestate share unless two disinterested witnesses also signed or there is sufficient evidence the testator intended the full gift (Wis. Stat. § 853.07).

In writing and signed by the testator (or by another at the testator's direction in their conscious presence). At least 2 witnesses sign within a reasonable time after witnessing the signing or acknowledgment; they need not be present at the same time (§ 853.03). Remote witnessing by real-time audio-video is allowed only under § 853.03(2)(c): it must be supervised by a Wisconsin-licensed attorney, all parties must be physically in Wisconsin, the will must state it is executed under that section, and an attorney affidavit of compliance is needed (it serves as a self-proving affidavit). The paper original/counterparts are transmitted to the attorney and witnesses. No paperless e-will statute and no holographic wills. Self-proving affidavit (§ 853.04) is made before an officer authorized to administer oaths. Marital property state, so a will controls only the decedent's half of marital property.

Power of attorney

Statute: Wis. Stat. ch. 244 (Uniform Power of Attorney for Finances and Property).

Only the principal's signature is required (§ 244.05(1)). Acknowledging before a notarial officer makes the signature presumed genuine (§ 244.05(2)); this is strongly recommended and the statutory form includes a notary block. Alternatively, the signature is presumed genuine if signed before 2 remote witnesses under attorney supervision (§ 244.05(3)). Optional statutory form: § 244.61 (Statutory Form Power of Attorney for Finances and Property). Hot powers needing an express grant (§ 244.41(1)): trusts, gifts, survivorship rights, beneficiary designations, delegation, survivor annuity waivers, fiduciary powers, disclaimers, and access to electronic communications content. Unless the POA says otherwise, an agent who is not the spouse or domestic partner cannot create interests in themselves or in their dependents (§ 244.41(2)). Gifts are limited by § 244.57.

Health care directive

Called: Power of Attorney for Health Care (agent); Declaration to Health Care Professionals (living will).

Statute: Wis. Stat. ch. 155 (Power of Attorney for Health Care), § 155.10; also ch. 154 (Declaration to Health Care Professionals / living will), § 154.03.

For a POA for health care, witnesses must be 18+ and may not be: related to the principal by blood, marriage or adoption, or the principal's domestic partner; anyone who knows they are entitled to or have a claim on the estate; directly financially responsible for the principal's health care; a health care provider serving the principal, or an employee of that provider or of an inpatient facility where the principal is a patient (chaplains and social workers are excepted); or the health care agent (§ 155.10(2)).

A POA for health care must be signed in front of 2 qualified witnesses; there is no notary option (§ 155.10(1)(c)). Remote witnessing with attorney supervision and an affidavit of compliance is allowed (§ 155.10(3)). The living-will declaration (§ 154.03) also needs 2 witnesses (I did not check its witness restrictions separately). DHS forms: F-00085 (POA for Health Care) and F-00060 (Declaration/Living Will).

If there's no will: what a spouse gets

The surviving spouse or domestic partner takes the entire net estate if all surviving issue are issue of both the decedent and the surviving spouse (Wis. Stat. § 852.01(1)(a)1.), and also keeps their own one-half of marital property (§ 861.01).

A spouse's right to a share

No common-law elective share: the surviving spouse keeps one-half of all marital property (Wis. Stat. § 861.01) and may elect up to 50% of the augmented DEFERRED marital property estate (property acquired during marriage before Wisconsin domicile that would have been marital property) (§ 861.02).

Estate and inheritance tax

No state estate tax.

No inheritance tax.

Probate

Probate is moderate, and informal administration is available (ch. 865). Transfer by affidavit is allowed when property subject to administration in Wisconsin is $50,000 or less (Wis. Stat. § 867.03). Summary settlement applies for estates of $50,000 or less if there is a surviving spouse/domestic partner or minor children (§ 867.01).

Official form: dhs.wisconsin.gov.

Money God drafts a Wisconsin will, power of attorney and health care directive from a short interview, then you send it to your attorney for review before signing.

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Sources

Researched from state statutes and official forms. Laws change; this page is information, not legal advice. Every Money God draft is reviewed by a licensed attorney in your state before you sign it.