Affidavit of Heirship in Wisconsin
Whether Wisconsin lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Wisconsin has no general affidavit of heirship, but it has a court procedure for property that passed outside probate: on petition of the decedent's spouse, a beneficiary of a marital property agreement, a TOD beneficiary, or certain other transferees, the court of the county of domicile… Wis. Stat. § 867.046
| Affidavit / determination of heirship | Wisconsin has no general affidavit of heirship, but it has a court procedure for property that passed outside probate: on petition of the decedent's spouse, a beneficiary of a marital property agreement, a TOD beneficiary, or certain other transferees, the court of the county of domicile issues a certificate under seal stating the death, the termination or transfer of the decedent's interest in the property, and the petitioner's interest. The certificate is prima facie evidence of those facts and can be recorded for real estate. Real estate passing by will or intestacy otherwise goes through probate, summary settlement or summary assignment. Source: Wis. Stat. § 867.046 |
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| Who inherits without a will | Surviving spouse or domestic partner: the entire estate if there are no surviving descendants, or if all of the decedent's descendants are also descendants of the surviving spouse or partner. If any descendant is not also the survivor's descendant, the spouse or partner takes one-half of the decedent's property other than the decedent's interest in marital property and property held with the survivor as tenants in common; the rest passes to the descendants per stirpes. With no spouse or partner, everything goes to descendants per stirpes; if none, to the parents; if none, to brothers and sisters and the descendants of deceased siblings; if none, half to the maternal grandparents (or their descendants) and half to the paternal side. If there are no heirs, the estate escheats to the state. Wisconsin is a marital property (community property) state: each spouse already owns a present undivided one-half interest in each item of marital property (Wis. Stat. § 766.31), and only the decedent's half passes through the estate. Source: Wis. Stat. § 852.01 |
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FAQ
Does Wisconsin have an affidavit of heirship?
Wisconsin has no general affidavit of heirship, but it has a court procedure for property that passed outside probate: on petition of the decedent's spouse, a beneficiary of a marital property agreement, a TOD beneficiary, or certain other transferees, the court of the county of domicile issues a certificate under seal stating the death, the termination or transfer of the decedent's interest in the property, and the petitioner's interest. The certificate is prima facie evidence of those facts and can be recorded for real estate. Real estate passing by will or intestacy otherwise goes through probate, summary settlement or summary assignment.
Who inherits if someone dies without a will in Wisconsin?
Surviving spouse or domestic partner: the entire estate if there are no surviving descendants, or if all of the decedent's descendants are also descendants of the surviving spouse or partner. If any descendant is not also the survivor's descendant, the spouse or partner takes one-half of the decedent's property other than the decedent's interest in marital property and property held with the survivor as tenants in common; the rest passes to the descendants per stirpes. With no spouse or partner, everything goes to descendants per stirpes; if none, to the parents; if none, to brothers and sisters and the descendants of deceased siblings; if none, half to the maternal grandparents (or their descendants) and half to the paternal side. If there are no heirs, the estate escheats to the state.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.