How is an estate distributed?

In Wisconsin, the distribution of an estate is governed by probate law. Probate law is a set of rules that determine how an estate is handled after the death of the owner. When a person dies, their estate is divided according to a will or, if there is no will, according to the intestacy laws of the state. In Wisconsin, these laws dictate that the estate should be divided between the deceased person’s surviving spouse and children, if any. If the deceased person had children, the estate must be divided in a manner that is fair to the children. The surviving spouse will typically receive the house, the personal property, half of the assets, and possibly a life estate in one-third of the estate. The children will receive the rest of the assets, unless the will states otherwise. In addition, any debts of the deceased must be paid from the estate. If the deceased person had any debts, they must be paid before the estate is divided. It is also possible for the court to order that the estate be sold in order to pay the debts and distribute the remaining funds to the surviving spouse and children. Once all of the debts have been paid and the assets distributed, the probate process is complete. The surviving spouse and children will typically receive the assets within a year or two. At that point, the estate has been distributed according to the wishes of the deceased.

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