Probate in Wisconsin: What Your Family Goes Through Without a Will

When someone dies without a will in Wisconsin, assets are distributed under the state's intestate succession laws. Some assets skip probate entirely, in the following situations.

• Any life insurance policies where you have designated a beneficiary.

• Retirement accounts where you have designated a beneficiary.

• Property held in joint tenancy with right of survivorship.

• Bank accounts that have a payable-on-death designation.

If none of these apply, Wisconsin offers a simplified summary assignment process for estates worth $50,000 or less.

Succession Laws Without a Will in Wisconsin

Wisconsin is a marital property state, meaning most assets acquired during the marriage are treated as jointly owned marital property, similar to community property in other states. This distinction matters when determining who will inherit without a will. Under Wisconsin Statutes 852.01, the lines of succession are as follows.

• If you are married with no children, or all of your children are also your spouse's, your spouse inherits the estate.

• If you have children who are not your spouse's, your spouse's interest in marital property passes entirely to your children, and your spouse inherits half of your remaining non-marital property. Your children inherit the other half of that non-marital property.

• If you have children but no spouse, your children inherit everything, divided per stirpes.

• If you have no spouse and no children, your parents inherit the estate.

• If you have no spouse, no children, and no parents, your siblings inherit everything.

Want to compare your options before or after probate? Compare what is included in a will and a trust.