- Married with no children
- Surviving spouse or domestic partner gets entire estate.
- Married with child or children
- 1) If all of the decedent’s surviving children are also children of the surviving spouse or domestic partner, that surviving spouse or domestic partner is entitled to the entire estate.
2) If one of the decedent’s surviving children is not the child of the surviving spouse of domestic partner, the surviving spouse or domestic partner gets one half of the decedent’s property (other than marital property or property held equally and exclusively with the surviving spouse or surviving domestic partner as tenants in common). - Order of estate distribution if spouse or domestic partner survives
- Any portion of the estate not going to the surviving spouse or domestic partner, is distributed in the following order:
1) Surviving children
2) Parents or issue of parents
3) Siblings and issue of any deceased sibling
4) Grandparents and their issue - No spouse survives but there are other relatives
- 1) Surviving children
2) Parents or issue of parents
3) Siblings and issue of any deceased sibling
4) Grandparents and their issue - Order of estate distribution if decedent not married, widow or widower
- 1) Surviving children
2) Parents or issue of parents
3) Siblings and issue of any deceased sibling
4) Grandparents and their issue - No surviving relatives
- The estate goes to the state of Wisconsin to be added to the capital of the school fund.
- State link
- http://www.legis.state.wi.us/statutes/Stat0852.pdf
- Other links
- None
- Special notes
- The intestate succession laws for the state of Wisconsin treat a domestic partner similarly to a surviving spouse.
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