What Happens If You Die Without a Will in Wisconsin?
Without a will in Wisconsin, a surviving spouse takes the entire estateWis. Stat. § 852.01Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesWis. Stat. § 852.01(1)(b)Verified Sep 10, 2026View source.
Wisconsin intestacy law decides. As a community property stateWis. Stat. § 852.01Verified Sep 10, 2026View source, Wisconsin distinguishes community property (acquired during the marriage) from separate property (owned before it, or received as a gift or inheritance), and the surviving spouse's share differs for each. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Brothers and sisters and their issue; Grandparents and their issue; The state school fundWis. Stat. § 852.01Verified Sep 10, 2026View source.
The surviving spouse's share in Wisconsin depends on the family. With no children: Entire estate to the surviving spouse or registered domestic partner (no surviving issue)Wis. Stat. § 852.01Verified Sep 10, 2026View source. With shared children: Entire estate to the surviving spouse or registered domestic partner (all surviving issue are also issue of that spouse or partner)Wis. Stat. § 852.01Verified Sep 10, 2026View source. When a child from a prior relationship survives: One-half of the decedent's individual (nonmarital) property to the surviving spouse or registered domestic partner; the decedent's interest in marital property, and in property held equally and exclusively with the survivor as tenants in common, passes entirely to the issue per stirpesWis. Stat. § 852.01Verified Sep 10, 2026View source.
Wisconsin divides per stirpesWis. Stat. § 852.01(1)(b)Verified Sep 10, 2026View source: the estate is divided into equal branches at the children's generation, and a deceased child's share passes to that child's own descendants. Per stirpes: the estate is divided into equal shares at the decedent's children generation, and a deceased child's share passes down to that child's own issue.
Wisconsin requires an heir to survive the decedent by 120 hoursWis. Stat. § 854.03(1)Verified Sep 10, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir. When one spouse dies without a will in Wisconsin, how each asset is classified, community or separate, decides what passes and to whom; with shared children the surviving spouse takes Entire estate to the surviving spouse or registered domestic partner (all surviving issue are also issue of that spouse or partner)Wis. Stat. § 852.01Verified Sep 10, 2026View source.
Under Wisconsin intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. In Wisconsin, however, Domestic partners registered under ch. 770 (new registrations could only be applied for through April 1, 2018; partnerships registered on or before that date persist)Wis. Stat. § 852.01(1)(a); Wis. Stat. § 770.07(1)(a)Verified Sep 10, 2026View source inherit with the same rights as a surviving spouse. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Wisconsin will signing requirements set out what a valid will takes.
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Learn moreForms for Planning and Settling an Estate in Wisconsin
Free Wisconsin forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
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.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Wisconsin, a will is signed before 2Wis. Stat. § 853.03Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyWis. Stat. § 853.03Verified Oct 19, 2026View source.
Healthcare Power of Attorney
Wisconsin requires 2Wis. Stat. § 155.30Verified Jul 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredWis. Stat. § 155.30Verified Jul 15, 2026View source.
Tools for Planning and Settling an Estate in Wisconsin
Free calculators and checklists for planning or settling an estate in Wisconsin: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Wisconsin costs an estimated $22,090Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys — estate value may not be the controlling factor)Verified Sep 9, 2026View source. Attorney fees run 1.8%Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys — estate value may not be the controlling factor)Verified Sep 9, 2026View source to 2.9%Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys — estate value may not be the controlling factor)Verified Sep 9, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
Wisconsin allows you to name your own agent in advanceWis. Stat. § 154.30(8)Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
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.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Wisconsin costs an estimated $22,090Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys — estate value may not be the controlling factor)Verified Sep 9, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 1.8%Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys — estate value may not be the controlling factor)Verified Sep 9, 2026View source to 2.9%Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys — estate value may not be the controlling factor)Verified Sep 9, 2026View source of the estate. Estates under $50,000small estate: § 867.03Verified Sep 9, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Wisconsin sets executor compensation by statute — about $10,000 on a $500,000 estate, roughly 2.0%Wis. Stat. § 857.05(2) (subject to court approval, a 2% commission on inventory value less mortgages/liens plus net principal gains; decedent or the majority-interest takers and the personal representative may agree to a different rate in writing; court may allow further sums for unusual difficulty or extraordinary services, and may reduce or deny compensation for dereliction of duty)Verified Sep 9, 2026View source.
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Wisconsin Estate Planning Resources
In-depth guides covering Wisconsin probate laws, trust requirements, and estate planning strategies.