Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
This article explains intestacy rules in
1. Surviving Spouse
If the decedent leaves a surviving spouse and no descendants—or all descendants also descend from the spouse—the spouse inherits the entire estate (Wis. Stat. § 852.05).
When the decedent leaves a spouse and descendants not all shared with the spouse, the spouse receives the first $150,000 plus one-half of the remaining assets. The other half passes to the descendants (§ 852.05(3)).
2. No Surviving Spouse
If no spouse survives, the estate goes to the decedent’s children by right of representation, divided equally (Wis. Stat. § 852.03). If there are no children, assets pass to the decedent’s parents (§ 852.02).
3. Extended Family
If no spouse, descendants, or parents survive, the estate transfers to siblings, grandparents, aunts, uncles, and other relatives in the order defined by Wis. Stat. § 852.06. If no heirs exist, the estate escheats to the state.
4. Personal Property and Small Estates
Certain personal property may pass outside the general order. Small estates (value under $50,000) can use an affidavit procedure under Wis. Stat. § 852.14, avoiding full probate.
5. Stepchildren and Nonmarital Heirs
Stepchildren and nonmarital heirs generally do not inherit under intestacy unless legally adopted or recognized by statute.
Helpful Hints
- Search local probate court records for any existing will.
- Gather essential documents: death certificate, marriage license, birth records.
- Check life insurance policies and retirement accounts for designated beneficiaries.
- Estimate estate value to determine if small estate procedures apply.
- List all potential heirs before filing a probate petition.
- Consult a qualified probate attorney if the estate involves complex assets or disputes.