Impact of Incomplete or Missing Marriage Certificate on Surviving Spouse Allowance in Wisconsin

When a spouse passes away, Wisconsin law provides a family allowance to support a surviving spouse during estate administration. Granting this allowance requires proof of the marital relationship, typically via a certified marriage certificate. An incomplete or missing certificate can complicate or delay the allowance process.

Detailed Answer

Under Wis. Stat. § 851.10 (Family Allowance), a personal representative must set aside a reasonable allowance for the surviving spouse and minor children. To qualify, the surviving spouse must prove a valid marriage. Wisconsin law requires filing a certified copy of the marriage certificate with the probate court as primary evidence.

According to Wis. Stat. § 69.05(3) (Marriage License and Certificate), a marriage certificate must include details such as names, date, location and officiant signature. If the certificate lacks required details or is unavailable, the court may request alternative proof. Missing a critical section (for example, a missing signature or date) can render a certificate incomplete under the statutes governing marriage records.

If you cannot locate a valid marriage certificate, the court can accept secondary evidence. Common alternatives include:

• Affidavits from the officiant or witnesses who attended the ceremony.
• Church or religious organization marriage registers.
• Joint federal or state tax returns filed during the marriage.
• Bank statements or lease agreements showing joint accounts and residence.
• Insurance policies naming each other as primary beneficiaries.

Without any proof of marriage, the court may postpone approval of your family allowance. In extreme cases, the court can deny or reduce the allowance until you establish the spousal relationship. To avoid delays, gather any documentary or testimonial evidence and file a motion with the court.

Helpful Hints

• Search vital records offices in the county where you married if the original certificate is missing.
• Obtain certified copies from the Wisconsin Department of Health Services if local records are incomplete.
• Collect multiple forms of secondary evidence to strengthen your claim.
• Include affidavits signed under oath to confirm the marriage ceremony details.
• Consult the personal representative early to discuss proof requirements and deadlines.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.