Dying Without A Will
Wis. Stat. 852.01 — all to the spouse or partner unless a child is not theirs, and who takes the rest
In Wisconsin, the surviving spouse or domestic partner of a person who dies without a will takes the entire estate if there are no surviving issue, or if all of them are the issue of both. If one or more surviving issue is not the spouse's, the spouse takes one-half of the property other than the person's interest in marital property and in property held equally with the spouse as tenants in common.
- What does not go to the spouse, or all of it if there is none, goes to the issue.
- With no spouse or issue, to the parents.
- With no parent either, to the brothers and sisters and their issue.
- Then half to the grandparents and their issue on each side, and all to one side if the other has none.
- With no heir at all, the estate escheats to the state for the school fund.
Sources for this section (1)
- Wis. Stat. 852.01 — Basic rules for intestate succession
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.