WI state guide
Wisconsin estate risk overview
This guide explains how estate outcomes work in Wisconsinwhen there is no plan. We cover intestacy rules, probate flow, guardianship defaults, and tax exposure in clear, educational language.
Snapshot
Key default outcomes
- Intestacy laws determine who receives assets.
- Probate court oversees the estate and public filings.
- Guardianship for minors is court-appointed if needed.
- State and federal tax rules may apply to larger estates.
What happens without a will
Wisconsin intestacy gives the surviving spouse or domestic partner the entire estate in some cases; otherwise the spouse receives a limited share and the remainder passes to descendants or other heirs.
- If there are no surviving issue, or all issue are also the spouse's, the spouse or domestic partner inherits the entire estate.
- If any surviving issue is not the spouse's, the spouse receives one-half of the decedent's property other than marital property and certain jointly held property.
- Any remaining estate passes to issue per stirpes, then to parents, then to siblings and their issue, then to grandparents and their issue.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Probate process
Wisconsin allows transfer by affidavit when property subject to administration does not exceed a statutory cap.
- The affidavit procedure applies when property subject to administration in Wisconsin does not exceed $50,000 in value.
- An heir, trustee of a revocable trust, or the decedent's guardian may use the affidavit to collect and transfer assets.
- The affidavit allows an heir or trustee to collect assets without court appointment.
Estate and inheritance tax exposure
Wisconsin does not impose an estate tax for deaths after December 31, 2007 and does not impose an inheritance tax for deaths on or after January 1, 1992.
- There is no Wisconsin estate tax for decedents dying after December 31, 2007.
- There is no Wisconsin inheritance tax for decedents dying on or after January 1, 1992.
- With no state death tax, tax exposure is primarily federal when the estate exceeds the federal exemption.
Guardianship for minors
Wisconsin courts may appoint guardians for minors based on best interests, with priority for parent nominations and a child nomination at age 12 or older.
- A parent may nominate a guardian by will or other nomination, and the court must appoint the nominee unless contrary to the child's best interests.
- A child age 12 or older may nominate a guardian; the court considers the nomination subject to best-interest review.
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Courts rely on best-interest findings when appointing a guardian.
Risk areas
Explore estate risk dimensions in Wisconsin
Intestacy risk
How assets are distributed when there is no will and state default rules control the outcome.
Probate risk
Court-supervised estate process, timing, cost exposure, and public record requirements.
Tax exposure
State estate or inheritance tax rules and how they interact with federal thresholds.
Guardianship risk
How courts appoint guardians for minors when no plan is in place.
Complexity triggers
Scenarios that increase estate risk, such as blended families or multi-state property.
Common mistakes in Wisconsin
- Assuming a spouse automatically receives everything under state law.
- Leaving guardianship decisions to the court by default.
- Ignoring probate timelines, creditor notices, or court filings.
- Failing to coordinate beneficiary designations with estate intent.
- Assuming no tax filings are required because the state has no estate or inheritance tax.
Who is most exposed
Higher default risk in Wisconsin
- Families with minor children or dependents.
- Blended families or second marriages.
- Households with property in more than one state.
- Business owners without succession instructions.
Next: explore planning options in Wisconsin
EstateRiskIQ does not provide legal advice. We highlight how default outcomes work so you can decide whether to explore professional guidance or planning tools.