Is An Online Will Legally Valid in Wisconsin?
Yes, online wills are legally valid in Wisconsin. However, you must take steps after creating your will to ensure it will hold up in court. Learn more about what that entails below.
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What Makes an Online Will Legally Valid in Wisconsin?
Under Wisconsin Statutes 853.03, a valid will must be signed by the testator and at least two witnesses who sign within a reasonable time after witnessing the signing or the testator's acknowledgment. The witness signatures must be provided in the witnesses' conscious presence. Notarization is not required to make a will valid, but Wisconsin allows a notarized self-proving affidavit under 853.04 so your witnesses will not have to testify in court to validate the will.
Wisconsin does not recognize holographic wills. A handwritten will that is signed only by the testator is not considered valid in Wisconsin, though the state will honor a will validly executed under the laws of another state or country.
What You Need to Know about Online Wills in Wisconsin
Estate laws can be difficult to navigate and vary significantly by state. It's essential that you make sure your online will is structured correctly to avoid a complex court process.
Wisconsin Property Laws
Wisconsin is a marital property state, meaning most assets acquired during the marriage are treated similarly to community property in other states. This affects both what your will can dispose of and how your estate would be split without one.
Wisconsin Probate
Most estates in Wisconsin go through probate court. Smaller estates worth $50,000 or less may qualify for a simplified summary assignment process instead.
Avoiding Probate in Wisconsin
Because probate can take a significant amount of time and often involves high court costs, people sometimes wish to avoid it altogether. Here are some ways to make that happen.
- Choose a revocable living trust. This lets you keep control over your estate as the trustee and names a successor trustee to manage distribution of your assets.
- Decide on beneficiaries for financial and retirement accounts. A payable-on-death (POD) designation specifies who receives funds upon death, and a transfer-on-death (TOD) designation identifies a new owner for brokerage accounts.
- Hold property as joint tenants with right of survivorship, which passes automatically to the surviving owner outside of the probate process.
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