WI risk area
Intestacy risk in Wisconsin
How assets are distributed when there is no will and state default rules control the outcome.
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.
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in Wisconsin
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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.
Sources
- https://law.justia.com/codes/wisconsin/chapter-852/section-852-01/
- https://docs.legis.wisconsin.gov/statutes/statutes/854/03
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Wisconsin.