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
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.