Detailed Answer
When a Wisconsin homeowner dies without a will (intestate), title to the home passes under Wisconsin’s intestate succession laws. Multiple heirs share ownership according to statutory priority. To clear title and transfer ownership, heirs typically must open a probate estate or use a small estate affidavit, then record a deed conveying the property.
1. Intestate Succession Order
Wisconsin law lays out who inherits when there is no will. Under Wis. Stat. §852.02, the order is:
- Spouse and children
- Children only
- Parents
- Siblings
- More distant relatives or the state if no heirs exist
2. Appointment of a Personal Representative
Heirs file a petition in the county probate court to appoint a personal representative under Wis. Stat. §857.01. The court issues letters of administration, empowering the representative to collect assets, pay debts, and distribute property.
3. Probate and Conveyance of the Home
The personal representative inventories all assets, settles valid claims and taxes, and prepares a Personal Representative’s Deed. Once the court approves the final accounting, the representative signs and records that deed in the county register of deeds office, conveying clear title to the heirs in their respective shares.
4. Small Estate Affidavit Option
If total estate assets (excluding homestead) are under $50,000, heirs may skip formal probate by using a Small Estate Affidavit under Wis. Stat. §865.201. Each heir executes the affidavit, attaches a certified death certificate, and records it with the register of deeds. Ownership then vests directly in the heirs.
5. Handling Disputes Among Heirs
If co-heirs disagree on selling, renting, or managing the property, any heir can file a partition action under Wis. Stat. §842.01. The court may order a public sale and distribute proceeds based on each heir’s statutory share.
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Verify if the estate qualifies for a small estate affidavit before starting formal probate.
- Obtain a certified copy of the death certificate promptly.
- Keep written agreements among heirs regarding sale or management.
- Use a title company to conduct a thorough title search.
- Consider mediation to resolve disputes before filing a partition action.
- Consult a probate attorney if the estate is complex or contested.