What a Will Can and Cannot Do in Wisconsin
Apr 30, 2026
WHAT A WILL CAN DO
Distribute Property
Your Will allows you to decide who receives your property after you pass away. This includes personal property, real estate, vehicles, financial accounts, and other assets that become part of your probate estate. Your Last Will and Testament can be as simple or as detailed as your circumstances require. However, it is important to know that a Will only controls probate assets. Non‑probate assets are distributed outside the probate process. Without a Will, Wisconsin’s intestacy laws dictate how your assets are distributed. The result may not reflect your intentions, especially if you are single or have a blended family. To learn more, read our blog “What Happens if You Die Without a Will.”
Name a Personal Representative
Your Will gives you the ability to choose the person who will manage your estate through the probate process. In Wisconsin, this person is called the personal representative, and once appointed by the probate court, they can begin carrying out their duties. These duties include gathering your probate assets, notifying creditors, paying valid debts, filing tax returns, and distributing property according to the terms of your Will. Without a Will naming a personal representative, the court will make that decision for you. Naming someone you trust and who is organized can help ensure your estate is handled smoothly and according to your wishes.
Name a Guardian for Minor Children
Your Will allows you to choose who will care for your minor children if you pass away. For most parents, this is a difficult decision because it requires considering the unimaginable, but it is essential. Without a Will naming a guardian, the court will decide who raises your children, and that choice may not reflect your wishes. Naming someone you trust and who is prepared to take on this responsibility helps ensure your children have the support they need during an extremely difficult time.
Express Your Final Wishes
Your Will also gives you the opportunity to outline your final wishes, including funeral arrangements, burial or cremation preferences, and other personal instructions. These instructions are not legally binding, but they can help ease the burden on your loved ones by providing guidance when decisions feel overwhelming. Clearly stating your wishes in your estate plan helps ensure they are known and respected.
WHAT A WILL CANNOT DO
Avoid Probate
Your Will does not prevent your estate from having to go through probate, but it does allow your estate to go through the simpler informal probate process. In Wisconsin, an estate must go through probate if it has a value of $50,000 or more at the time of death. If avoiding probate is one of your goals, additional estate planning options can help reduce the amount of property that is counted toward that $50,000 limit. A revocable trust, transfer on death deed, and beneficiary designations are often used to help avoid probate. To learn more, read our blog “Easy Ways to Help Avoid Probate.”
Control Non-probate Assets
Your Will only controls assets that are part of your probate estate. Many assets pass outside of probate based on how they are titled or by their beneficiary designations. Common examples of non‑probate assets include retirement accounts, life insurance, payable‑on‑death or transfer‑on‑death accounts, jointly owned property with rights of survivorship, and assets titled in a revocable trust. Since non‑probate assets do not follow the terms of your Will, it is important to keep property ownership and beneficiary designations current and aligned with your overall estate plan. Understanding which assets your Will actually controls helps ensure your property is distributed according to your wishes.
Handle Incapacity
Your Will only takes effect after death. It cannot authorize someone to make financial or medical decisions for you if you become incapacitated. A Financial Power of Attorney and a Health Care Power of Attorney allow you to choose someone you trust to act on your behalf if you are unable to do so. Without these documents, your family may need to petition the court for guardianship to manage your affairs. Including Powers of Attorney as part of your estate plan ensures your wishes are followed and spares your loved ones the stress, delay, and the expense of court involvement.
Protect a Special Needs Beneficiary
Your Will can unintentionally create problems if you leave assets directly to a beneficiary with special needs. An outright inheritance may cause them to lose eligibility for important public benefits such as SSI or Medicaid. A Special Needs Trust, created within your Revocable Trust, allows you to provide financial support without disrupting those benefits. The trust can pay for supplemental needs while preserving access to essential programs. Including a Special Needs Trust in your estate plan helps ensure long-term stability and protection for your beneficiary with special needs.
FREE CONSULTATIONS
A Last Will and Testament is an essential part of your estate plan, but it cannot address every situation on its own. Working with an experienced estate planning attorney can help you build a comprehensive estate plan that ensures your wishes are honored and your family is protected. At Pedersen Law Office, we offer free consultations in estate planning. We meet with you personally to understand your specific circumstances, needs, and goals so we can create an estate plan that is right for you and your family. Our law office serves the communities of Appleton, Menasha, Neenah, Oshkosh, Green Bay, and the surrounding areas.
