Estate plan requirements
Wisconsin
Everything you need to create a valid estate plan in Wisconsin: wills, trusts, powers of attorney, and healthcare directives.
Will
2W
Trust
—
POA
N
Healthcare Dir.
2W
E-will
Not adopted
Online notary (RON)
Authorized
Since 2020
Remote witnessing (ROW)
Wills only
Since 2024
Community property
Yes
Minimum age
18
Will
Witnesses: 2 required
Two witnesses must sign within reasonable time after witnessing testator's signing or acknowledgment
Notarization: Recommended
Not legally required, but recommended for self-proving affidavit
Holographic will: Not valid
Wisconsin does not recognize handwritten wills without witnesses
Self-proving affidavit: Available
Allows the will to be admitted to probate without witness testimony
Living Trust
Witnesses: None required
No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property
Notarization: Recommended
Not legally required for the trust document, but needed to transfer real property
State-specific notes
Durable Power of Attorney
Witnesses: None required
No witnesses required for power of attorney
Notarization: Required
Notarization is required for a valid durable power of attorney
State-specific notes
Healthcare Directive
Witnesses: 2 required
Wisconsin requires 2 witnesses for healthcare directive execution
Notarization: Not required
Notarization is not required but may be accepted
State-specific notes
Community property
Wisconsin is a community property state. Assets acquired during marriage are jointly owned by both spouses. This affects all four estate planning documents.
Married couples should consider how community property rules interact with their will, trust, power of attorney, and healthcare directive to ensure consistent coverage.
Electronic will status
Wisconsin has not adopted electronic will legislation. A traditional paper will with physical signatures is required.
Remote online notarization
Wisconsin authorized remote online notarization (RON) in 2020. You can have your estate planning documents notarized via live video call with an approved notary, without an in-person appointment.
Remote online witnessing
Wisconsin authorized remote online witnessing (ROW) in 2024. Witnesses can observe your will signing via live video call instead of being physically present. Other estate planning documents still require in-person witnesses.
This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Wisconsin for guidance specific to your situation.