Estate plan requirements

Wisconsin

Everything your estate plan needs to be valid in Wisconsin: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Requirements at a glance

DocumentWitnessesNotary
Will2 requiredRecommended
Living trustNone requiredRecommended
Power of attorneyNone requiredRequired
Healthcare directive2 requiredNot required
Community property:
Yes

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Will, living trust, durable power of attorney, healthcare directive, and six more documents, all valid in Wisconsin.

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Wisconsin content last reviewed May 18, 2026.

News

Recent changes in Wisconsin

ROW

Wisconsin authorizes remote witnessing and notarization of estate documents

Act 130 allows remote witnessing and notarization for wills, powers of attorney, trust documents, and other estate planning instruments. All parties must be physically located in Wisconsin at the time of signing.

2023 Wisconsin Act 130Source
1

Will

Wis. Stat. §853.01 et seq.

Witnesses: 2 required

Two witnesses must each sign within a reasonable time after the testator's signing of the will, or after the testator's acknowledgment of that signature or of the will, with that signing or acknowledgment made in the conscious presence of the witness (Wis. Stat. §853.03(2)(am)). The witnesses need not sign in the testator's presence and may observe at different times (Wis. Stat. §853.03(2)(bm)). Because the statutory self-proving affidavit recites that each witness signed in the conscious presence of the testator, a will meant to be self-proving should still be signed with everyone together (Wis. Stat. §853.04).

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

One-step §853.04(1) affidavit at execution OR two-step §853.04(2) affidavit after execution. For wills executed via supervised remote witnessing under §853.03(2)(c), the supervising attorney's affidavit of compliance "shall constitute a self-proving affidavit executed in compliance with s. 853.04 (2)" under Wis. Stat. §853.03(2)(c)13 (2023 Wis. Act 130).

ViewWitness disqualification / interested-witness rule
Wis. Stat. §853.07: anyone competent to testify in court to the facts of execution may witness a will, and a will is not invalidated because an interested witness signed it. Beneficial provisions for a witness or the witness's spouse are invalid, though, to the extent their aggregate value exceeds what that person would have received had the testator died intestate, unless the will is also signed by two disinterested witnesses or there is sufficient evidence that the testator intended the full transfer. A provision naming the witness as personal representative or trustee at ordinary compensation is not a disqualifying beneficial interest.
2

Living Trust

Wis. Stat. §766.31 et seq. (Marital Property Act)

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

Wisconsin's Marital Property Act means spousal property classification rules affect trust planning (Wis. Stat. §§766.58, 766.588)
Spouses may use a marital property agreement to classify assets before transferring them into a trust
ViewCommunity property article
Adds an Article VII: Marital Property Provisions covering classification of marital property under Wisconsin's Marital Property Act, the surviving spouse's one-half interest, federal IRC §1014(b)(6) basis, and an explanatory subsection on Chapter 766's marital-property-agreement mechanics.
3

Durable Power of Attorney

Wisconsin Uniform Power of Attorney for Finances and Property Act, Wis. Stat. ch. 244.

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

Executed by the principal's signature; signature presumed genuine if acknowledged before a notary public OR witnessed by 2 witnesses via supervised remote 2-way audiovisual communication (Wis. Stat. §244.05, repealed and recreated by 2023 Wis. Act 130)
Durability is presumed unless the instrument states otherwise (Wis. Stat. §244.04)
An acknowledged POA receives enhanced third-party acceptance protection under Wis. Stat. §244.19
ViewWarning notice for the principal
IMPORTANT INFORMATION (Wis. Stat. §244.61) This Power of Attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney for Finances and Property Act in Chapter 244 of the Wisconsin Statutes. This Power of Attorney does not authorize the agent to make health-care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the Power of Attorney or the agent resigns or is unable to act for you. Your agent is entitled to reasonable compensation unless you state otherwise in the special instructions. This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the special instructions. Co-agents are not required to act together unless you include that requirement in the special instructions. If your agent is unable or unwilling to act for you, your Power of Attorney will end unless you have named a successor agent. You may also name a 2nd successor agent. This Power of Attorney becomes effective immediately unless you state otherwise in the special instructions. This Power of Attorney does not revoke any Power of Attorney executed previously unless you so provide in the special instructions. If you revoke this Power of Attorney, you should notify your agent and any other person to whom you have given a copy. If your agent is your spouse or domestic partner and your marriage is annulled or you are divorced or legally separated or the domestic partnership is terminated after signing this document, the document is invalid. If you have questions about the Power of Attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
ViewAgent acknowledgment wording
IMPORTANT INFORMATION FOR AGENT (Wis. Stat. §244.61) AGENT'S DUTIES When you accept the authority granted under this Power of Attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the Power of Attorney is terminated or revoked. You must do all the following: (1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest. (2) Act in good faith. (3) Do nothing beyond the authority granted in this Power of Attorney. (4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner: (principal's name) by (your signature) as agent. Unless the special instructions in the Power of Attorney state otherwise, you must also do all the following: (1) Act loyally for the principal's benefit. (2) Avoid conflicts that would impair your ability to act in the principal's best interest. (3) Act with care, competence, and diligence. (4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal. (5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest. (6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest. TERMINATION OF AGENT'S AUTHORITY You must stop acting on behalf of the principal if you learn of any event that terminates this Power of Attorney or your authority under this Power of Attorney. Events that terminate a Power of Attorney or your authority to act under a Power of Attorney include all the following: (1) Death of the principal. (2) The principal's revocation of the Power of Attorney or your authority. (3) The occurrence of a termination event stated in the Power of Attorney. (4) The purpose of the Power of Attorney is fully accomplished. (5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the special instructions in this Power of Attorney state that such an action will not terminate your authority. (6) If you are the principal's domestic partner and your domestic partnership is terminated, unless the special instructions in this Power of Attorney state that such an action will not terminate your authority. LIABILITY OF AGENT The meaning of the authority granted to you is defined in the Uniform Power of Attorney for Finances and Property Act in Chapter 244 of the Wisconsin Statutes. If you violate the Uniform Power of Attorney for Finances and Property Act in Chapter 244 of the Wisconsin Statutes or act outside the authority granted, you may be liable for any damages caused by your violation. If there is anything about this document or your duties that you do not understand, you should seek legal advice.
4

Power of Attorney for Health Care

Wis. Stat. §155.01 et seq.

Last verified: 2026-04

Witnesses: 2 required

Two witnesses required for the Power of Attorney for Health Care (Wis. Stat. §155.10); two witnesses also required for the separate Declaration to Health Care Professionals (Wis. Stat. §154.03)

Notarization: Not required

Notarization is not required but may be accepted

Document sections

Separate living willMental health authorization

Key features of Wisconsin healthcare directive

Nursing home and community-based residential facility (CBRF) admission authorization
Explicit feeding tube Yes/No decision with separate checkbox
Pregnancy decisions: explicit Yes/No for treatment preferences during pregnancy
Mandatory mental health treatment limitations section
Agent acceptance statement with signature
Anatomical gift (organ donation) preferences

State-specific notes

Witnesses cannot be the named agent or alternate, related by blood/marriage/adoption/domestic partnership, entitled to a claim against the principal's estate, directly financially responsible for the principal's health care, the principal's health care provider or an employee of the provider or facility (except chaplains or social workers) (Wis. Stat. §155.10(2))
The living will declaration has no effect during the declarant's pregnancy. Wisconsin states this flatly inside the statutory declaration form itself: 'If you know that the patient is pregnant, this document has no effect during her pregnancy.' The statute provides no opt-out, and a declaration purporting to override the exclusion is not authorized (Wis. Stat. §154.03(2); §154.03)
Supervised remote witnessing is available for both the HC POA and the living will, each created by 2023 Wis. Act 130 (Wis. Stat. §155.10(3) for the HC POA; §154.03(3) for the living will)
ViewForm section list (4)
1. Designation of Health Care Agent 2. Powers of My Health Care Agent 3. Limitations on My Health Care Agent's Powers 4. Statement of Desires
ViewMental health authorization wording
Wisconsin's HC POA form includes a separate section on mental-health treatment decisions, with the agent's authority to admit or commit to a mental-health facility limited per Wis. Stat. §155.20(2).
ViewWitness disqualification recital
I further declare that I am not the principal's health care agent, a term that covers both the agent designated in this document and any alternate agent (Wis. Stat. §155.01(4)); that I am not related to the principal by blood, marriage, or adoption and am not the principal's domestic partner under ch. 770; that I am not directly financially responsible for the principal's health care; that I do not have knowledge that I am entitled to or have a claim on any portion of the principal's estate; and that I am not a health care provider serving the principal at the time of execution, an employee of that health care provider other than a chaplain or a social worker, or an employee other than a chaplain or a social worker of an inpatient health care facility in which the principal is a patient (Wis. Stat. §155.10(2)). Each of the two witnesses must satisfy these requirements independently.
5

Living Will

Wisconsin uses two separate advance directive documents. The Power of Attorney for Health Care (above) appoints your healthcare agent; this document records your treatment preferences directly.

Both this document and the Power of Attorney for Health Care are generated for you. You can sign both in the same session.

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6 more documents with a subscription

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Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

In this state: Cites Wis. Stat. §51.30 (mental health and AODA records, requiring a separate informed consent specifically authorizing those categories under Wisconsin law) and §146.82 (general medical records). The 42 CFR Part 2 carve-out in Section III governs federally-protected substance-use-disorder program records and is reaffirmed in the addendum; a Wisconsin mental-health provider may still require a separate Part 2 consent for any Part 2 program records.

Nomination of Conservator

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

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Community property

Wisconsin is a community property state. Assets acquired during marriage are jointly owned by both spouses. This affects every document in your estate plan.

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.

Digital assets access

Wisconsin has adopted RUFADAA (2016). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Wisconsin authorized RON in 2020. Wisconsin's general remote online notarization statute, Wis. Stat. §140.145, took effect May 1, 2020, but §140.145(10) expressly excludes wills, codicils, testamentary trusts, living trusts, powers of attorney, marital property agreements, HC POAs, living wills, and HIPAA authorizations. For estate-planning instruments specifically, 2023 Wis. Act 130 (signed March 21, 2024; published March 22, 2024; effective March 23, 2024 under Wis. Stat. §991.11) created Wis. Stat. §140.147, which authorizes a special remote notarial act (remote ink notarization, RIN) performed for a remotely located individual signing a will, codicil, trust instrument, certification of trust, power of attorney for finances, power of attorney for health care, marital property agreement, nonprobate transfer (Wis. Stat. §§705.10, 705.15, 705.18, 766.58(3)(f)), declaration to health care professionals, authorization for final disposition, HIPAA authorization, instrument exercising a power of appointment, or instrument of disclaimer. The §140.147 remote notarial act is distinct from the supervised remote witnessing of the underlying will, finance POA, HC POA, declaration to health care professionals, or final-disposition authorization, which is governed by Wis. Stat. §§853.03(2)(c), 244.05(3), 155.10(3), 154.03(3), and 154.30(8m) respectively (also created by Act 130) and requires a Wisconsin-licensed supervising attorney plus an affidavit of compliance. Both parties must be physically located in Wisconsin during the 2-way audiovisual session. Even with Act 130's remote pathway available, third-party acceptance (banks, title companies, registers of deeds) routinely prefers in-person physical-presence execution.

Will

Allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Wisconsin allows remote online witnessing for some estate planning documents. Witnesses can observe your signing over a live video call instead of being physically present. Not available to a self-serve signer. Wis. Stat. §853.03(2)(c) extends 'conscious presence' to simultaneous two-way audiovisual appearance only if the signing is supervised by an attorney in good standing licensed by Wisconsin, the testator and every remote witness each attest to being physically located in Wisconsin, the will itself indicates that it is being executed pursuant to that paragraph, and the signed original is routed to the supervising attorney and then to each witness in turn. Without a supervising Wisconsin attorney the audiovisual route is unavailable and both witnesses must be physically present.

Will

Not allowed

Trust

Not allowed

POA

Allowed

HC Directive

Allowed

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.

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