Who Inherits If You Die 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.

Wisconsin is a marital property state, so a surviving spouse keeps his or her own one-half interest in marital property. In addition, the surviving spouse of a decedent domiciled in Wisconsin may elect up to 50% of the 'augmented deferred marital property estate' (property acquired during the marriage that would have been marital property if Wisconsin's marital property law had applied, such as property acquired while living in another state). The election is made by filing a petition with the probate court, and mailing or delivering a copy to the personal representative, within six months after the date of death; the court may extend the time in limited cases.

Yes, 'transfer by affidavit.' If the decedent's property subject to administration in Wisconsin does not exceed $50,000 in gross value, an heir, the trustee of the decedent's revocable trust, the person named in the will as personal representative, or the decedent's guardian at death may collect money and receive property by giving the holder an affidavit describing the property and stating the total value of the property subject to administration and whether the decedent or spouse received certain public long-term care or medical assistance benefits (if so, notice must first be sent to the Department of Health Services by certified mail). Real property may be included: at least 30 days before recording the affidavit with the register of deeds, the affiant must give the heirs a copy and notice by certified mail or personal service. A person named as personal representative who is not also an heir, trustee or guardian may not take real property this way, and holders must wait 30 days before transferring to such a person. The affiant must use the property to pay the decedent's obligations in statutory priority and distribute the rest to those entitled.