What is the survival period for inheritance in Wisconsin?

Wisconsin requires an heir to survive the decedent by 120 hours to inherit (Wis. Stat. § 852.01). If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.

Can stepchildren or domestic partners inherit without a will in Wisconsin?

Under Wisconsin intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute (Wis. Stat. § 852.01). Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners.

What Happens If You Die Without a Will in Wisconsin?

Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.

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This calculator provides general information about intestate succession and is not legal advice. Intestacy laws vary by state and situation. Consult a licensed attorney in your state for guidance specific to your family.

Frequently Asked Questions

Wisconsin intestacy laws determine who inherits when there is no will. As a community property state, Wisconsin distinguishes between community property (acquired during marriage) and separate property (owned before marriage or received as a gift or inheritance). The surviving spouse's share differs for each type. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.

The surviving spouse's share in Wisconsin depends on family structure. With no children: All marital property plus all individual property. With shared children: Entire estate to surviving spouse (all issue are also issue of spouse). When children from a prior relationship survive: Marital property: all to children. Individual property: 1/2 to spouse, 1/2 to children..

Wisconsin uses the "per stirpes" distribution method. Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. Per stirpes

Wisconsin requires an heir to survive the decedent by 120 hours to inherit. If an heir dies within this period, they are treated as having predeceased the decedent, and their share passes to the next eligible heirs.

Under Wisconsin intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute. Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Wisconsin will signing requirements page outlines what is needed to execute a valid will.

Probate costs in Wisconsin depend on estate size and complexity. Estates valued at $50,000 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Wisconsin probate cost calculator for a detailed estimate.

Wisconsin is a community property state, meaning most assets acquired during marriage are jointly owned. When one spouse dies without a will, the surviving spouse's share of community property and separate property are calculated under different rules. Community property with shared children: Entire estate to surviving spouse (all issue are also issue of spouse). Separate property follows a different distribution depending on surviving relatives.

Intestacy Laws in Wisconsin

Wisconsin is one of the community property states, which means the Yes classification determines how intestate estates are divided. The surviving spouse's share differs significantly between community and separate property.

Wisconsin distributes assets to descendants using the Per stirpes method. An heir must survive the decedent by 120 hours to inherit — otherwise, their share passes to the next eligible relative.

For smaller estates, Wisconsin offers a simplified procedure for estates under $50,000, avoiding formal probate entirely. The probate cost calculator provides a detailed fee estimate for estates that exceed this threshold.

Intestacy rules only apply to assets without a designated beneficiary or title-based transfer. A revocable living trust overrides intestacy law, names specific beneficiaries, and avoids Wisconsin probate entirely — assets transfer privately without court involvement.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Data sourced from Wisconsin statutes and official state code. How we research.

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