What Is a Will in Wisconsin and Why Do You Need One?

 

If something unexpected happened tomorrow, who would make sure your children are cared for? Who would inherit your home, bank accounts, or personal belongings? Without a valid Last Will and Testament, the answers to these questions may be left to the courts—and not always in a way that reflects your wishes.

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At Underwood Legal, LLC, we help individuals and families throughout Madison, Dane County, and the greater Wisconsin area create clear and enforceable estate plans. A will is often the foundation of that plan.

This article explains what a will is, how it works in Wisconsin, and why every adult—especially parents—should have one.

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What Is a Will?

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A Last Will and Testament (commonly just called a "will") is a legal document that states how you want your assets and affairs handled after your death. It allows you to:

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• Decide who receives your property

• Name a guardian for your minor children

• Appoint a personal representative to manage your estate

• Make charitable gifts or specific bequests

• Express funeral and burial preferences

 

If you pass away without a valid will, Wisconsin’s intestacy laws determine who receives your estate—and the outcome may not reflect your values or intentions.

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Why Is a Will Important in Wisconsin?

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1. You Can Name a Guardian for Minor Children

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One of the most important reasons to have a will—especially for young families—is the ability to name a guardian for your children.

If something happens to both parents, a Wisconsin court will ultimately appoint a guardian. But your will is where you legally nominate the person(s) you trust most to raise your kids. Without a will, you risk family disputes or court decisions that may not align with your values.

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2. You Control Who Gets What

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Your will lets you direct exactly who should inherit what. This can include:

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• Family members

• Friends

• Charities

• Specific items (e.g., heirlooms, collectibles, or vehicles)

 

Without a will, your estate is distributed based on a fixed legal formula that may leave out important people—or include those you’d rather exclude.

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3. You Choose the Personal Representative

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A personal representative (also called an “executor”) is the person who carries out your wishes and manages the probate process. This includes paying final bills, filing taxes, and distributing property.

Naming a responsible person in your will ensures someone you trust is in charge—not someone the court selects by default.

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How Wills Work in Wisconsin

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To be valid in Wisconsin, a will must meet certain legal requirements:

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• You must be at least 18 years old

• You must be of sound mind

• The will must be in writing

• It must be signed by you

• It must be witnessed by two competent adults who are not named as beneficiaries

 

Handwritten (holographic) wills that are not properly witnessed are generally not valid in Wisconsin.​

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What a Will Doesn’t Do

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While wills are powerful tools, they do not avoid probate. All wills must go through Wisconsin’s probate process—a court-supervised proceeding where your assets are gathered, debts paid, and property distributed.

A will also does not control certain assets, such as:

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• Life insurance or retirement accounts with named beneficiaries

• Property held in joint tenancy or with transfer-on-death designations

• Assets in a trust

 

This is why most estate plans combine a will with other tools, like a revocable living trust, powers of attorney, and beneficiary designations.

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What Happens If You Die Without a Will in Wisconsin?

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Dying without a will is called dying "intestate." When this happens, your estate will be distributed according to Wisconsin’s intestacy statutes. For example:

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• If you're married with no children, your spouse typically receives everything.

• If you're married with children from that marriage, your spouse still receives everything.

• If you have children from a previous relationship, your spouse and your children split your estate—which can create complications or family tension.

• If you’re unmarried, your estate goes to your closest relatives in a legally defined order.

 

In short, you lose control, and your loved ones may face extra stress, cost, and confusion during an already difficult time.

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Do I Need a Lawyer to Make a Will?

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While it’s possible to create a will using online templates or DIY kits, Wisconsin law is strict about formalities—and small mistakes can invalidate your entire will.

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Working with an experienced estate planning attorney ensures that:

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• Your will complies with state law

• Your wishes are clearly stated and legally enforceable

• You’ve considered all your assets and beneficiary designations

• Your plan integrates properly with trusts, powers of attorney, and other documents

 

At Underwood Legal, we tailor every will to the client’s unique needs, family structure, and goals. Whether you're a young parent, empty nester, or retiree, we’ll help you create a plan that brings peace of mind.

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Final Thoughts: A Will Is the First Step

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A Wisconsin will is often the first and most important step in creating a solid estate plan. It gives you a voice, protects your children, and ensures your wishes are carried out.

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Even if you eventually add a trust or other planning tools, having a will in place is critical. And if you already have a will, it's a good idea to review and update it every 3–5 years or after any major life event.