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Wisconsin Intestacy Laws

 

 

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These are selections from the Wisconsin intestate succession statutes.  (Chapter 852, Intestate Succession)

 


Use the Intestacy Calculator™ to see how these laws divide an intestate estate


 

 

 

852.01 Basic rules for intestate succession.
(1) WHO ARE HEIRS. Except as modified by the decedent’s will under s.852.10 (1), any part of the net estate of a decedent that is not disposed of by will passes to the decedent’s surviving heirs as follows:


(a) To the spouse:


1. If there are no surviving issue of the decedent, or if the surviving issue are all issue of the surviving spouse and the decedent, the entire estate.

 

2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one−half of decedent’s property other than the following property:
a. The decedent’s interest in marital property.
b. The decedent’s interest in property held equally and exclusively with the surviving spouse as tenants in common.


(b) To the issue, per stirpes, the share of the estate not passing to the spouse under par. (a), or the entire estate if there is no surviving spouse.


(c) If there is no surviving spouse or issue, to the parents.


(d) If there is no surviving spouse, issue or parent, to the brothers and sisters and the issue of any deceased brother or sister per stirpes.


(f) If there is no surviving spouse, issue, parent or issue of a parent, to the grandparents and their issue as follows:


1. One-half to the maternal grandparents equally if both survive, or to the surviving maternal grandparent; if both maternal grandparents are deceased, to the issue of the maternal grandparents or either of them, per stirpes.


 

 

2. One-half to the paternal relations in the same manner as to the maternal relations under subd. 1.


3. If either the maternal side or the paternal side has no surviving grandparent or issue of a grandparent, the entire estate to the decedent’s relatives on the other side.

 

(3) ESCHEAT. If there are no heirs of the decedent under subs. (1) and (2), the net estate escheats to the state to be added to the capital of the school fund.

 

852.03 Related rules.
(1) PER STIRPES. If per stirpes distribution is called for under s. 852.01 (1) (b), (d) or (f), the rules under s. 854.04 apply.
(3) RELATIVES OF THE HALF BLOOD. Inheritance rights of relatives of the half blood are governed by s. 854.21 (4).

854.04 Representation; per stirpes; modified per stirpes; per capita at each generation; per capita.
(1) BY REPRESENTATION OR PER STIRPES. (a) Except as provided in subs. (5) and (6), if a statute or a governing instrument calls for property to be distributed to the issue or descendants of a designated person “by representation,” “by right of representation,” or “per stirpes,” the property is divided into equal shares for the designated person’s surviving children and for the designated person’s deceased children who left surviving issue. Each surviving child and each deceased child who left surviving issue are allocated one share.


(b) The share of each deceased child allocated a share under par. (a) is divided among that person’s issue in the same manner as under par. (a), repeating until the property is fully allocated among surviving issue.

854.21 Persons included in family groups or classes.
(4) RELATIVES OF THE HALF−BLOOD. Subject to sub. (7), terms of family relationship in statutes or governing instruments that do not differentiate between relationships by the half−blood and relationships by the full−blood are construed to include both types of relationships.

 

 


The Wisconsin intestate succession statutes may be found in full by selecting this link.  (Chapter 852, Intestate Succession)

 

 

 

 

 

 

 

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