How Do I File Taxes for a Deceased Person in Wisconsin?
Wisconsin requires a final state income tax return for the decedent alongside the federal Form 1040Wis. Stat. § 71.06(1r), (2e)(bm); Wis. Stat. § 71.05(22)(dp), (dt)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
At minimum, a final federal income tax return (Form 1040) for income earned through the date of death, and Wisconsin requires a final state income tax returnWis. Stat. § 71.06(1r), (2e)(bm); Wis. Stat. § 71.05(22)(dp), (dt)Verified Sep 20, 2026View source (Form 1Wis. Stat. §§ 71.03(6), 71.13, 71.06(1r)Verified Sep 10, 2026View source) as well. If the estate earns income during administration, a federal fiduciary return (Form 1041) and a Wisconsin fiduciary return (Form 2Wis. Stat. §§ 71.03(6), 71.13, 71.06(1r)Verified Sep 10, 2026View source) may also be required.
The final federal income tax return is due April 15 following year of death26 USC 6012(b)(1)Verified Sep 15, 2026. The final Wisconsin return is due April 15 following year of deathWis. Stat. §§ 71.03(6), 71.13, 71.06(1r)Verified Sep 10, 2026View source. The Wisconsin fiduciary return is due April 15 for a calendar-year estate or trust, or the 15th day of the 4th month after the close of a fiscal yearWis. Stat. §§ 71.03(6), 71.13, 71.06(1r)Verified Sep 10, 2026View source.
Yes. Wisconsin DOR issues a Closing Certificate for Fiduciaries, requested on Schedule CCWis. Stat. §§ 71.03(6), 71.13, 71.06(1r)Verified Sep 10, 2026View source. Processing time: up to 120 daysWis. Stat. §§ 71.03(6), 71.13, 71.06(1r)Verified Sep 10, 2026View source. Distributing assets without the clearance can leave the executor or trustee personally liable.
No. No Wisconsin estate or inheritance tax is payable for a death today: the state keeps death-tax provisions on its books that are inoperative for current deathsWis. Stat. § 72.36 (Sunset; 2013 Wis. Act 20) — the ch. 72 estate tax "does not apply to deaths occurring after December 31, 2012, unless the federal estate tax law is modified to provide a federal estate tax credit for state death taxes." Ch. 72 remains on the books as a dormant federal-credit (pickup) tax that computes to $0, not a repealed one. Wisconsin has no inheritance tax for decedents dying on or after January 1, 1992 and no gift tax for gifts made on or after January 1, 1992 (WI DOR, Estates, Trusts, and Fiduciaries common questions).Verified Sep 15, 2026View source, so nothing is due. The tax filings after a death are the income tax returns (the final return and, where the estate earns income, the estate income tax return). Only the federal estate tax applies, and only to an estate above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
Yes. Estate size does not change the final income tax return: a final Form 1040 is filed whatever the estate is worth if the decedent had income. What a smaller estate avoids is the federal estate tax return (Form 706), due 9 months after date of death (6-month extension available)26 USC 6018; 26 USC 6075(a)Verified Sep 15, 2026 and required only above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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Learn moreForms for Settling an Estate in Wisconsin
Free forms for settling an estate in Wisconsin: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Notice to Creditors
In Wisconsin, the notice to creditors is published for 3Wis. Stat. §§ 859.01, 859.02, 859.07, 859.25 (Verified 2026-10-19)Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 4 monthsWis. Stat. § 859.01 (3-4 month deadline set by court)Verified Sep 9, 2026View source from the personal representative's appointment to present claims.
Affidavit of Heirship
In Wisconsin, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areWis. Stat. §§ 706.05, 706.06, 706.09(1)(i); WisDOT Form MV2300Verified Sep 24, 2026View source.
Small Estate Affidavit
In Wisconsin, the Transfer by Affidavitsmall estate: § 867.03Verified Sep 9, 2026View source covers estates valued at $50,000small estate: § 867.03Verified Sep 9, 2026View source or less, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Wisconsin, the personal representative files the estate inventory within 180 daysWis. Stat. §§ 858.01, 858.13, 858.15, 858.17Verified Sep 15, 2026View source of appointment.
Estate Closing
In Wisconsin, the personal representative is discharged automatically once the statutory period runsWis. Stat. §§ 865.16(2), 865.18, 863.47Verified Sep 15, 2026View source, and a final accounting is required.
Tools for Settling an Estate in Wisconsin
Free tools for settling an estate in Wisconsin: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Wisconsin, certified death certificates come from the Wisconsin Department of Health Services - Vital Records OfficeWisconsin Department of Health Services - Vital Records OfficeVerified Oct 15, 2026View source; the first copy costs $20Wisconsin Department of Health Services - Vital Records OfficeVerified Oct 15, 2026View source, additional copies $3Wisconsin Department of Health Services - Vital Records OfficeVerified Oct 15, 2026View source each.
Do I Need Probate?
In Wisconsin, estates valued at $50,000small estate: § 867.03Verified Sep 9, 2026View source or less skip probate with the Transfer by Affidavitsmall estate: § 867.03Verified Sep 9, 2026View source.
How Do I Settle an Estate?
Settling an estate in Wisconsin: the personal representative files the estate inventory within 180 daysWis. Stat. §§ 858.01, 858.13, 858.15, 858.17Verified Sep 15, 2026View source of appointment; creditors have 4 monthsWis. Stat. §§ 859.01, 859.02, 859.07, 859.25 (Verified 2026-10-19)Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
What Do I Do When Someone Dies?
After a death in Wisconsin, the estate either qualifies for the simplified procedure for estates under $50,000small estate: § 867.03Verified Sep 9, 2026View source or goes through probate, where creditors have 4 monthsWis. Stat. § 859.01 (3-4 month deadline set by court)Verified Sep 9, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Wisconsin levies no estate or inheritance taxWis. Stat. § 72.36 (Sunset; 2013 Wis. Act 20) — the ch. 72 estate tax "does not apply to deaths occurring after December 31, 2012, unless the federal estate tax law is modified to provide a federal estate tax credit for state death taxes." Ch. 72 remains on the books as a dormant federal-credit (pickup) tax that computes to $0, not a repealed one. Wisconsin has no inheritance tax for decedents dying on or after January 1, 1992 and no gift tax for gifts made on or after January 1, 1992 (WI DOR, Estates, Trusts, and Fiduciaries common questions).Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Wisconsin imposes no inheritance or estate taxWis. Stat. § 72.36 (Sunset; 2013 Wis. Act 20) — the ch. 72 estate tax "does not apply to deaths occurring after December 31, 2012, unless the federal estate tax law is modified to provide a federal estate tax credit for state death taxes." Ch. 72 remains on the books as a dormant federal-credit (pickup) tax that computes to $0, not a repealed one. Wisconsin has no inheritance tax for decedents dying on or after January 1, 1992 and no gift tax for gifts made on or after January 1, 1992 (WI DOR, Estates, Trusts, and Fiduciaries common questions).Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Wisconsin take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces state tax on the 70% of long-term gain left after a 30% exclusionWis. Stat. § 71.05(6)(b)9 (30% general LTCG exclusion; reaches estates and trusts per § 71.125(1))Verified Sep 15, 2026View source.
Hire a Wisconsin Probate Attorney
Browse 61 probate firms in Wisconsin with addresses, contact info, and practice details.
Wisconsin Estate Settlement Resources
In-depth guides covering Wisconsin probate, estate administration, and settling an estate.
