Wisconsin
Estate law, probate process, and inheritance rules for Wisconsin — in plain language.
$3,000–$5,000 typical
Summary settlement Wis. Stat. §867.03
Community property (Marital Property Act) — spouse owns 50% of marital property automatically
Surviving spouse + descendants of marriage: spouse takes 100%. Other situations: graduated.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed within 30 days
- ⏱Notice to creditors: 3 months publication
- ⏱Inventory: 6 months after appointment
- ⚠Wisconsin is a community-property state (Marital Property Act, 1986)
- ⚠Community property rules differ from the other 8 CP states
- ⚠Outdated beneficiary designations override the will
- ⚠Real estate in another state triggers ancillary probate
- ⚠Joint tenancy with non-spouse can create unintended consequences
- →Marital property agreement to characterize property
- →Trust planning aware of community-property rules
- Wisconsin Statutes Chapter 851-879 (Probate)
- Chapter 766 (Marital Property)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Wisconsin.
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