Is an Online Will Legal in Wisconsin?
An online service can prepare a valid Wisconsin will, but the will itself must be a signed writing: the testator signs (or directs a signing) and at least 2 witnesses sign within a reasonable time after witnessing the signing or the testator's acknowledgment in the testator's conscious presence. Wisconsin permits the witnesses to appear remotely by real-time audiovisual technology only through the attorney supervised procedure of § 853.03(2)(c); it does not recognize electronic wills.
The Answer at a Glance
Prepare the will online
ValidWhether a will drafted with online software can become a valid Wisconsin will.
Sign it fully remotely
Paper signingWhether Wisconsin recognizes an electronic will executed without an in-person paper signing.
What this means for you
Notarization is not required for validity, but the § 853.04 self-proving affidavit spares your witnesses a court appearance later. The remote option is not a sign-it-on-your-laptop path: it requires a Wisconsin licensed attorney supervising, every participant physically in Wisconsin, and a paper original delivered for signatures. Keep gifts away from witnesses and their spouses unless 2 disinterested witnesses also sign, or the excess over an intestate share is lost.
What Wisconsin Law Requires
The governing law is Wis. Stat. ch. 853 (Wills). Each rule below links to the official source it was read from.
| Requirement | The Wisconsin rule | Statute |
|---|---|---|
| Who can make a will | Age 18 or older, of sound mind. | Wis. Stat. § 853.01 |
| Written document | Required. | Wis. Stat. § 853.03 |
| Signature | The testator signs. The will must be signed by the testator, by the testator with the assistance of another person with the testator's consent, or in the testator's name by another person at the testator's direction and in the testator's conscious presence. | Wis. Stat. § 853.03(1) |
| Witnesses | 2. At least 2 witnesses must sign the will, each within a reasonable time after witnessing, in the testator's conscious presence, any of: the signing of the will, the testator's implicit or explicit acknowledgment of the testator's signature on the will, or the testator's implicit or explicit acknowledgment of the will. The 2 witnesses may observe the signing or acknowledgment at different times, and the statute does not require them to sign in each other's presence. | Wis. Stat. § 853.03(2) |
| Notarization | Not required for validity. A self-proving affidavit is optional and speeds probate. | Wis. Stat. § 853.04 |
Signing Day in Wisconsin
At least 2 witnesses must sign the will, each within a reasonable time after witnessing, in the testator's conscious presence, any of: the signing of the will, the testator's implicit or explicit acknowledgment of the testator's signature on the will, or the testator's implicit or explicit acknowledgment of the will. The 2 witnesses may observe the signing or acknowledgment at different times, and the statute does not require them to sign in each other's presence.
For this subsection, 'conscious presence' can also include simultaneous remote appearance by 2-way, real-time audiovisual technology, but only when every condition of § 853.03(2)(c) is satisfied, including supervision by an attorney licensed in Wisconsin.
The self-proving step worth adding
In an attorney supervised remote execution under § 853.03(2)(c), the supervising attorney's affidavit of compliance attached to the will constitutes a self-proving affidavit under § 853.04(2). The effect of the affidavit is governed by § 856.16. Timing: simultaneously with execution, or at any time after execution.
Choose witnesses carefully
A will is not invalidated because it is signed by an interested witness, but unless the will is also signed by 2 disinterested witnesses, any beneficial provisions of the will for a witness or the witness's spouse are invalid to the extent that their aggregate value exceeds what the witness or spouse would have received had the testator died intestate. The cutback also does not apply if there is sufficient evidence that the testator intended the full transfer to take effect.
Shortcuts Wisconsin Does and Does Not Recognize
Handwritten (holographic) wills
NoWisconsin has no holographic-will provision: § 853.03 requires every will to be executed with the full formalities, including the signatures of at least 2 witnesses, so an unwitnessed handwritten will executed in Wisconsin is not valid. Because § 853.05 validates a will that is in writing and executed in accordance with the law of the place of execution or of the testator's residence, domicile, or nationality, a holographic will validly made under another jurisdiction's law can still be given effect. (Wis. Stat. § 853.03)
Oral wills
NoNuncupative (oral) wills are not valid: § 853.03 requires every will to be in writing, and § 853.05's recognition of wills executed under other law extends only to a will that is in writing. (Wis. Stat. §§ 853.03, 853.05)
Electronic wills
NoNo Wisconsin statute authorizes electronic wills. Section 853.03 requires a will to be in writing and executed with the statutory formalities, the remote procedure in § 853.03(2)(c) still produces a conventionally signed paper will whose original must be delivered as the statute directs, and Wisconsin's Uniform Electronic Transactions Act expressly does not apply to a law governing the execution of wills or the creation of testamentary trusts (§ 137.12(2)(a)). (Wis. Stat. § 853.03)
Remote witnessing: allowed within the statute’s conditions. Under § 853.03(2)(c), 'conscious presence' includes simultaneous remote appearance by 2-way, real-time audiovisual technology only if all fourteen statutory conditions are satisfied, including: supervision of the signing by an attorney licensed in Wisconsin (who may also serve as a witness); the testator and each remote witness physically located in Wisconsin during the communication; identification of everyone participating, with photo ID where a participant is not personally known; the testator identifying anyone else present and providing a visual sweep of the room; display of the will and a declaration that the document is the testator's will signed freely and voluntarily; execution visible to the remote participants; delivery of the original will and witness signatures by a statutory method; and the supervising attorney's completed affidavit of compliance attached to the will, which also constitutes a self-proving affidavit under § 853.04(2).
A Will Signed in Another State
A will is validly executed if it is in writing and any of the following applies: it is executed according to § 853.03, or it is executed in accordance with the law, at the time of execution or at the time of death, of the place where the will was executed, of the place where the testator resided, was domiciled, or was a national at the time of execution, or of the place where the testator resided, was domiciled, or was a national at the time of death. (Wis. Stat. § 853.05)
Keep Going
- The full Wisconsin will-requirements guide covers capacity, revocation, and what happens when formalities fail.
- Wisconsin estate planning sets the will beside the other documents a complete plan needs.
- A Wisconsin revocable living trust is the main alternative when avoiding probate is the goal.
Frequently Asked Questions
Can I make my will online in Wisconsin?
Does a Wisconsin will need to be notarized?
How many witnesses does a Wisconsin will need?
Are handwritten (holographic) wills valid in Wisconsin?
Are electronic wills legal in Wisconsin?
Is a will made in another state valid in Wisconsin?
SourcesOfficial references used for this page
Verified against Wis. Stat. ch. 853 (Wills) on August 16, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Wisconsin can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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