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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.
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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.
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