Wisconsin Statutes

Wis. Stat. § 853.05 (2026)

Execution of wills outside the state or by nonresidents within this state

✓ current as of July 2026
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853.05853.05Execution of wills outside the state or by nonresidents within this state.
853.05(1)(1)A will is validly executed if it is in writing and any of the following applies:
853.05(1)(a)(a) The will is executed according to s. 853.03.
853.05(1)(b)(b) The will is executed in accordance with the law, at the time of execution or at the time of death, of any of the following:
853.05(1)(b)1.1. The place where the will was executed.
853.05(1)(b)2.2. The place where the testator resided, was domiciled or was a national at the time of execution.
853.05(1)(b)3.3. The place where the testator resided, was domiciled or was a national at the time of death.
853.05(2)(2)Any will under sub. (1) (b) has the same effect as if executed in this state in compliance with s. 853.03.
853.05 HistoryHistory: 1997 a. 188.
Notes of Decisions
Cited in 3 cases, 1991–1996 · leading case: McMahon v. Stand. Bank & Trust Co., 550 N.W.2d 727 (Wis. Ct. App. 1996).
McMahon v. Stand. Bank & Trust Co., 550 N.W.2d 727 (Wis. Ct. App. 1996). · cites it 2× “Section 853.05, Stats. Because Phyllis entered into the trust agreement in Illinois, we would apply that state's law to see if it was a valid will.”
Dennis v. Circuit Court for Bayfield Cnty., 468 N.W.2d 736 (Wis. Ct. App. 1991). · cites it 2× “Section 853.05, Stats. Arizona recognizes the validity of holographic wills.”
In Matter of Est. of Warner, 468 N.W.2d 736 (Wis. Ct. App. 1991). · cites it 2× “Section 853.05, Stats. Arizona recognizes the validity of holographic wills.”
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