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.
Frequently Asked Questions
Wisconsin intestacy laws determine who inherits when there is no will.Wis. Stat. § 852.01Verified May 27, 2026 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.Wis. Stat. § 852.01Verified May 27, 2026 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.Wis. Stat. § 852.01(1)(b)Verified May 27, 2026 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.Wis. Stat. § 852.01Verified May 27, 2026 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.Wis. Stat. § 852.01Verified May 27, 2026 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.Wis. Stat. § 852.01Verified May 27, 2026 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.
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Wisconsin Estate Planning Resources
In-depth guides covering Wisconsin probate laws, trust requirements, and estate planning strategies.
