Your will is valid in Wisconsin if you had legal capacity and signed a written will in the presence of two witnesses and the witnesses signed your will. After your death, your will must be proven to be admitted to the succession. Generally, Wisconsin law requires at least one of the witnesses at a hearing to make an affidavit attesting that the will is valid. If none of the witnesses can be located, the court may accept statements from others about the validity of your will. However, you can “prove your will” in Wisconsin, but you will need to go to a notary to do so. The court will review a self-examination will without contacting the witnesses who signed it, speeding up the succession. It is also recommended that you update your will after any change in circumstances. Important life events – such as: marriage or divorce; the birth or adoption of a child; acquisition of significant assets; or moving to another state or country – these are all times when you should reconsider your will. If there is no surviving spouse, descendants or parents, other family members, including siblings and grandparents, inherit based on how close the relationship is. Yes. In Wisconsin, you name a personal representative in your will to make sure your wishes are granted after your death. If you are unable to appoint a personal representative, the probate court will appoint someone to administer your estate.
As long as the will meets state legal requirements, it is considered valid in Wisconsin. Would you rather avoid a court hearing? To avoid a court hearing to prove your will, you should attach an affidavit to your will. There are two ways to make a valid affidavit: (1) a notary can take an oath and authenticate your will while you and the witnesses sign the will; or (2) You and the witnesses may sign your will, in which case you and the witnesses may present the will to a notary who will take an oath and notarize the will. The first procedure is the most common and effective, but the second procedure is useful in situations where a notary is not readily available and a will that must be proven in court is better than no will. If you attach an affidavit to your will, it is considered valid and can be admitted to the estate without a court hearing. Wills are a common method for people to indicate their preferences on how their estates should be handled after their death. A will can also appoint a personal representative, establish a trust or appoint a guardian to care for minor children. (Source: Family Estate Planning in Wisconsin) Trusts can be estate planning tools. “In general, a trust is a relationship in which one person has ownership of property, subject to the obligation to retain or use the property for the benefit of another.” (Source: IRS.gov) With a pet trust, you can use money to care for your pet or another animal. You hire someone responsible for administration and production by following a series of written instructions that you provide. (ASPCA) Ask a question Ask a consultation with a lawyer. Call our office at (630) 324-6666 or schedule a consultation with one of our experienced attorneys today.
You can also fill out our confidential contact form and we will get back to you shortly. In order for the will to be self-proved, you and your witnesses go to the notary and sign an affidavit stating who you are and that you both knew you had signed the will. No, you don`t need to notarize your will in Wisconsin to make it legal. Any wording in your will that leaves property to your spouse or names your spouse as executor will be revoked if you and your spouse divorce (or if a court decides that your marriage is not legal). This rule also extends to the family of the former spouse. This rule does not apply if you expressly state in your will (or in a divorce settlement or property agreement) that the divorce does not affect the provisions of your will. Contact an estate planning lawyer if you have questions about the impact of divorce on your will. Wisconsin has passed an online notarization law that is expected to take effect on May 1, 2020. 18. In March 2020, the Wisconsin Department of Financial Institutions issued emergency directives stating that the Remote Notarization Act would take effect immediately due to the COVID-19 pandemic. Unfortunately, the Online Remote Notarization Act does not apply to estate planning documents, including wills.
Under applicable law, the affidavit accompanying your will must be personally certified to be valid in Wisconsin. This law may change in the future as Wisconsin takes into account the Uniform Electronic Wills Act and other legal and technological advances.