Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
Overview of Intestate Succession in Wisconsin
When a person dies without a valid will (intestate) in Wisconsin, the probate court distributes the estate according to state law. Wis. Stat. § 852.04 governs intestate succession and sets default rules for distribution.
Intestate Distribution with No Spouse and Three Children
If the decedent leaves no surviving spouse but has three surviving children, Wisconsin law directs that the entire estate passes equally to those children. Under the per stirpes method, each child inherits one-third of the estate. If a child had predeceased the decedent but left descendants (for example, grandchildren), that branch would inherit the deceased child’s share.
Key Steps in the Probate Process
- File a Petition for Administration in the county probate court where the decedent lived.
- Notify all interested persons, including the three children, of the probate proceedings.
- Inventory estate assets and pay valid debts, taxes, and administrative expenses.
- Prepare a proposed distribution plan showing each child’s one-third share.
- Obtain court approval and distribute assets accordingly.
Helpful Hints
- Gather and review financial records early to identify all assets and liabilities.
- Use the small estate affidavit procedure if the estate’s gross value is under $50,000 (Wis. Stat. § 854.06).
- Remember that minors inheriting property may require a court-appointed guardian or custodian under the Wisconsin Uniform Transfers to Minors Act.
- Maintain clear records of all estate expenses and distributions to prevent disputes.
- Consider consulting a probate attorney to address complex assets, potential creditor claims, or tax issues.