Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
1. Understand Wisconsin’s Intestate Succession Laws
When someone dies without a valid will in Wisconsin, the court applies the state’s intestate succession rules (Chapter 852 of the Wisconsin Statutes) to distribute the estate. Key provisions include:
- Wis. Stat. § 852.03: Distribution to spouse and descendants
- Wis. Stat. § 852.04: Distribution to parents and siblings
- Wis. Stat. § 852.05: Distribution to grandparents and their descendants
2. Identify the First Tier: Spouse and Children
If your father was married, his surviving spouse shares the estate with any children. Under Wis. Stat. § 852.03:
- With one child or descendant line, the spouse inherits half; the child inherits half.
- With two or more children, the spouse inherits one-third; the children split two-thirds.
3. Move to the Next Tier if No Spouse or Children
If no spouse or descendants survive, the estate passes equally to:
- Parents (Wis. Stat. § 852.04(1)).
- If neither parent survives, to siblings or their descendants (Wis. Stat. § 852.04(2)).
4. Consider Further Generations
If no spouse, descendants, parents, or siblings exist, the estate goes to grandparents and then to aunts, uncles, and cousins per Wis. Stat. § 852.05.
5. Gather and Verify Family Records
To determine heirs, collect:
- Birth certificates for all children and grandchildren.
- Marriage certificates for your father and any spouse.
- Adoption or guardianship decrees.
- Divorce or death certificates of former spouses.
6. Petition for Appointment of Personal Representative
File a petition in the county probate court where your father lived. The register in probate will:
- Review your supporting documents.
- Provide notice to all potential heirs.
- Issue letters of administration to the appointed personal representative.
7. Court Determination and Formal Heirship
The court may enter an order naming the estate’s heirs. Use that order to guide asset distribution. If heirs are unknown, the court may allow publication of notice in local newspapers.
Helpful Hints
- Start with immediate family: spouse and children, then move outward.
- Contact the county register in probate early for procedural guidance.
- Use online vital‐records databases for birth, marriage, and death certificates.
- Consult a probate attorney to avoid delays and errors in heir identification.
- Keep organized copies of all documents and filings.