What happens if I die without a will?

If someone dies without a will in Wisconsin, it is referred to as “intestacy.” In this situation, the state’s laws determine who gets the deceased’s property and possessions. Wisconsin follows the law of "descent and distribution" to determine how the deceased’s estate is passed to the heirs. First the court will establish the deceased’s legal heirs. This process includes gathering information on the deceased’s living relatives and confirming whether the heirs have waived their rights for the estate. Once the heirs are established, the estate’s assets are divided among them according to Wisconsin law. This law requires that the deceased’s surviving spouse receives at least half of the estate, whether it is a community property estate or a separate property estate. If the deceased had no surviving spouse, the law provides that any surviving children will each receive a share of the estate. If there are no surviving children, the estate will first pass to the deceased’s parents. If the deceased had no surviving parents, the estate will next pass to the deceased’s siblings or, if no siblings exist, to the deceased’s closest living relative on the deceased’s father’s side. It is important to note that without a will, the deceased’s estate may pass to individuals or charities that the deceased may not have intended. Therefore, it is recommended that everyone has a will in place in order to ensure that their assets are distributed according to their wishes.

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What happens if I die without a will?

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