FastCounsel

Detailed Answer

When a wrongful death claim in Wisconsin results in a settlement or judgment, state law dictates how to distribute the proceeds among heirs. Under Wis. Stat. § 895.04, the personal representative (executor or administrator) must collect the funds, pay debts and expenses, and then allocate the remainder according to the decedent’s surviving relatives.

1. Role of the Personal Representative

The personal representative files the wrongful death action on behalf of the estate. After recovery, they submit an accounting to the probate court showing all receipts and expenses. The court then approves distribution to heirs. In many counties, probate forms and fee schedules are available online at your local circuit court’s website.

2. Statutory Distribution Categories

Wisconsin law divides potential heirs into exclusive classes. The net proceeds go to the first applicable category:

• Spouse (or domestic partner) and issue: Split equally among the surviving spouse (or partner) and all children (895.04(2)(b)1).
• Spouse only: Entire amount to spouse or domestic partner (895.04(2)(b)2).
• Issue only: Equally among children if no spouse or partner (895.04(2)(b)3).
• Spouse (or partner) and parent(s): Half to spouse/partner, half to parent(s) if no issue (895.04(2)(b)4).
• Parent(s) only: Entire amount to surviving parent(s) if no spouse, partner, or issue (895.04(2)(b)5).
• Next of kin: If none of the above, distribute per intestate succession under Ch. 852 (895.04(2)(b)6).

3. Steps for Distribution

1. Obtain probate appointment: File a petition in county probate court to be named personal representative.
2. Collect recovery: Secure settlement check or court judgment in the estate’s name.
3. Pay debts and expenses: Settle funeral costs, administrative fees, and approved creditor claims.
4. File accounting: Submit a written report to the probate court detailing receipts and disbursements.
5. Identify heirs: Verify survivors and their relationship (spouse, children, parents, etc.).
6. Disburse funds: Allocate net proceeds using the statutory formula in Wis. Stat. § 895.04.
7. Obtain court approval: Secure a final order from the judge confirming distribution.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on a specific wrongful death matter in Wisconsin.

Helpful Hints

• Early Probate Filing: Start probate promptly to avoid delay in distribution.
• Documentation: Gather marriage certificates, birth certificates, and death certificate before filing.
• Minor Heirs: If children are minors, a guardian of property may be required to receive their share.
• Creditor Claims: Wisconsin law limits creditor claims to a short window—watch the deadlines.
• Court Fees: Check your county’s probate fee schedule online to budget for filing costs.
• Professional Help: Consider hiring a probate attorney or paralegal if the estate is complex.