What Happens if You Die Without a Will in Wisconsin?
If you die without a will in Wisconsin, your estate is inherited by your closest relatives under the state's intestate succession laws found in Wisconsin Statutes 852.01. Because Wisconsin is a marital property state, whether an asset is marital or non-marital property changes how much your spouse receives when the estate settles.
If You are Married with Children
- If all of your children are also your spouse's children, your spouse inherits everything, including your interest in marital property.
- If you have one or more children who are not your spouse's, your spouse's interest in marital property passes entirely to your children instead. Your spouse inherits half of your remaining non-marital property, and your children inherit the remaining half.
If You are Married Without Children
The entire intestate estate passes to your spouse.
If You Don't Have a Spouse, but Have Children
Your children inherit everything in equal shares, per stirpes. This includes legally adopted children, but generally not stepchildren unless they were legally adopted.
If You Don't Have a Spouse or Children
Your assets pass to your parents. If both are deceased, your siblings inherit you estate in equal shares.
If No Living Relatives Can Be Found
If no qualifying relative can be located, including grandparents and their descendants, your property escheats to the State of Wisconsin. This is rare and does not occur often since the state seeks out even distant relatives.
Other Things to Know about Dying Without a Will in Wisconsin
- Anyone inheriting generally must survive you by 120 hours to inherit.
- Even if your spouse has other descendants, they have the right to petition the court to inherit a home they already live in, sometimes requiring them to buy out your descendants' interest.
- Half-relatives are treated the same as full relatives when it comes to inheritance rules.
- The probate court will appoint a personal representative to administer the estate.
When Does an Estate Go Through Probate Without a Will
If your estate is worth $50,000 or less, your family may qualify for a simplified summary assignment process instead of a full probate proceeding.
Ready to get started? Take our quiz to see if a will or trust is right for you.
