Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
Identifying Real and Personal Property
When someone dies without a will in Wisconsin, the personal representative starts by identifying all assets. Real property includes land, homes, and buildings. You review the county property records or the deed registry. Personal property covers bank accounts, vehicles, jewelry, and household goods. Check financial statements, titles, and safe deposit box contents.
Under Wis. Stat. § 851.14, the personal representative must file a detailed inventory of all estate assets. You can view the statute at Wis. Stat. § 851.14.
Conducting the Inventory
The personal representative has three months from appointment to file the inventory with the probate court. Include fair market values as of the date of death. Use public appraisals, recent sale prices, or dealer quotes. List each item with its value and location. Stay organized with spreadsheets and supporting documents.
Distribution Under Intestacy
Wisconsin’s intestacy statutes govern distribution when no valid will exists. See Wis. Stat. § 852.01 and following sections for full details.
- If the decedent leaves a spouse but no descendants, the spouse inherits the entire estate (§ 852.03(1)).
- If the decedent leaves a spouse and one or more descendants, the spouse receives the first $75,000 plus half of the balance; descendants share the remainder (§ 852.03(2)).
- If there is no surviving spouse, descendants inherit the entire estate (§ 852.02).
- If there is no spouse or descendants, assets pass to parents, then siblings, nieces, and nephews in succession (§ 852.04).
- If no heirs exist, the estate escheats to the state of Wisconsin under state law.
Helpful Hints
- Start gathering deeds, titles, and account statements as soon as possible.
- Use a checklist to track all property items and their values.
- Review local probate court rules for specific filing deadlines.
- Consider hiring a CPA or professional appraiser for complex or high-value assets.
- Consult a probate attorney to navigate court procedures and avoid delays.