Detailed Answer

Short answer: In Wisconsin, if your parent died without a will (intestate), the house does not automatically become yours and your siblings’ without following Wisconsin law. You generally must either (A) confirm how title passes (for example, if the deed already named joint owners or a transfer-on-death beneficiary) or (B) open probate administration so the court can transfer the property to the legal heirs listed under Wisconsin’s intestacy rules. If heirs cannot agree about handling the house, a court may be asked to partition or sell it.

How Wisconsin law decides who inherits

Wisconsin’s intestate succession rules determine who is entitled to a decedent’s property when there is no valid will. Those rules establish which relatives inherit and in what shares. See the Wisconsin statutes on intestate succession for the technical rules: Wis. Stat. §852.01 (intestate succession).

Step-by-step process to get the house into the heirs’ names

1. Collect documents and facts. Get the decedent’s death certificate, the recorded deed for the property, mortgage statements, property tax bills, title insurance (if any), and any documents showing beneficiary designations or joint ownership. Who is on the deed matters more than who lived in the house.
2. Check the deed and other title documents. If the deed named the parent and one or more people as joint tenants with right of survivorship (or similar language), the decedent’s share may have passed automatically to the surviving joint owner(s) without probate. If there is a valid Transfer-on-Death or beneficiary deed recognized under state law, that may also move title outside probate. If the deed lists only the parent as owner, probate is normally required to change title.
3. Decide whether you need probate. Most real estate transfers after an intestate death require some probate process so the estate can convey clear title. Probate can be informal or formal; if heirs agree and estate is simple, an informal or summary procedure may be available, but where there are disputes or significant debts, formal administration is safer. The Wisconsin Courts have probate information and forms: Wisconsin Courts – Probate & Estate Self-Help.
4. Open an estate (if needed). File a petition with the county circuit court for appointment of a personal representative (administrator). The court issues letters of administration or letters testamentary, which authorize the personal representative to manage and distribute estate assets, including real estate.
5. Inventory, notify creditors, and resolve liens. The personal representative inventories assets, notifies known creditors, and pays valid debts. Outstanding mortgage, tax liens, or other encumbrances must be addressed before transferring clear title.
6. Transfer title to heirs. Once the estate can distribute assets, the estate (through the personal representative) conveys the house to the heirs by preparing and recording a deed transferring the property to those heirs in the shares dictated by intestacy or by agreement among heirs. The deed must be recorded at the county Register of Deeds.
7. If heirs agree to keep the house: They can take title as tenants in common (typical when multiple heirs inherit) or create another ownership form (co-owners, joint tenancy, LLC, etc.).
8. If heirs disagree: If siblings cannot agree whether to keep, sell, or how to divide proceeds, one or more heirs can ask the court for a partition action to force sale or divide the property.

Common scenarios and what they mean

• Deed lists only the parent: Probate is generally required to change title to the heirs.
• House held jointly with survivorship: Survivor(s) may get title automatically; you still should record the death certificate and an affidavit with the county to update title records.
• Mortgage on the house: Mortgage lenders usually require payoff or refinancing; heirs who take the house will need to address the mortgage.
• Small estate procedures: Small estate affidavits in Wisconsin may help transfer personal property without full probate, but real property commonly requires probate administration or a court order. Check the court resources linked above or consult an attorney for options.

When you should hire an attorney

Consider hiring a probate attorney if any of these apply: there is a mortgage or other lien; heirs disagree; there may be creditors or large debts; the title is unclear; tax or Medicaid liens are possible; or you want to sell the property quickly. An attorney can help open the estate, prepare deeds, and handle disputes or partition actions.

Practical checklist for heirs

• Obtain multiple certified copies of the death certificate from the county clerk.
• Get a copy of the recorded deed from the county Register of Deeds.
• Locate records of mortgage, insurance, and tax payments.
• Decide whether heirs agree to keep or sell the house; put agreements in writing.
• If probate is needed, file in the circuit court of the county where the decedent lived or where the property is located.

What if you want to sell the house now?

If heirs want to sell, the estate’s personal representative can sell the property during administration (subject to court rules and creditor rights). Alternatively, once the estate distributes the property to heirs, the heirs may sell it. Agreeing on the sale route and appointing someone to act for the estate speeds the process.

Resources

• Wis. Stat. §852.01 — Intestate succession
• Wisconsin Courts – Probate & Estate Self-Help

Helpful Hints

• Start by finding the recorded deed—who’s on it controls whether probate is needed.
• Get several certified death certificates right away; many offices (banks, Register of Deeds, Social Security) will require them.
• If heirs agree, a single attorney and a short probate administration can be inexpensive compared with long disputes later.
• Do not sign away assets or let anyone remove property without written agreement from all legal heirs or the court-authorized representative.
• If property taxes or mortgage payments are overdue, act quickly to avoid foreclosure or tax lien problems.
• If you suspect Medicaid recovery or other government liens, talk with an attorney before transferring title or spending estate assets.

Disclaimer: This article explains general Wisconsin law and common procedures for transferring title after an intestate death. It is for educational purposes only and is not legal advice. For advice about your specific situation, contact a licensed Wisconsin probate attorney.