If you die without a valid will in Wisconsin, you die intestate. State law then decides who receives property that does not pass another way. That outcome may not match your wishes, especially if you have children from a previous relationship.
Who inherits your property without a will?
Who inherits depends on which family members survive you. Wisconsin inheritance rules generally follow this order:
- If you leave a spouse but no descendants, they generally inherit the entire estate.
- If you leave a spouse and all your surviving descendants are also their descendants, your spouse generally receives the entire estate.
- If at least one surviving descendant is not also your spouse’s descendant, different rules apply. Your spouse keeps their own half of marital property but does not inherit your half. Your descendants inherit your half. Your spouse also generally inherits half of certain nonmarital property.
- If you have no surviving spouse, your descendants inherit first. If you have no descendants, your parents come next, followed by siblings and certain other relatives.
Marital property generally includes assets acquired during the marriage, although there are exceptions. If no eligible relatives survive you, your assets may eventually pass to the state’s school fund.
How are your assets handled without a will?
If probate is needed, a personal representative handles the process. This person gathers assets, pays valid debts and distributes what remains under state law. Not all assets pass this way. Some may go directly to another person because of a named beneficiary, transfer-on-death arrangement or ownership rights that pass the asset to a survivor.
If the gross value of property subject to probate administration is $50,000 or less, the transfer-by-affidavit process may be available instead of full probate administration.
Make sure your plan reflects your wishes
Understanding Wisconsin’s default inheritance rules gives you a useful starting point. You can compare them with your own wishes and review whether your will, beneficiary designations and property ownership reflect those choices.
If you have a blended family or questions about which assets would pass through your estate, an estate planning attorney can explain how the rules apply and identify estate planning documents that may need attention.