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Intestate Succession Laws in Wisconsin

In Wisconsin, a surviving spouse or domestic partner inherits the entire estate when all of the deceased's children are also the spouse's children, and also inherits everything when there are no children, even if parents are alive. Wisconsin is a marital (community) property state.

Last checked . General information, not legal advice.

Wisconsin at a glance

Spouse share with shared children
Entire estate
If any child is not the spouse's, the spouse takes one-half of the deceased's property other than marital property and certain co-owned property.
Spouse takes all with shared children
Yes
Spouse share with parents, no descendants
Entire estate
Community property state
Yes
Wisconsin calls it marital property; each spouse has a present one-half interest.

Sources

Last checked

The rules in Wisconsin

How much does a surviving spouse inherit in Wisconsin when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Wisconsin: Entire estate. If any child is not the spouse's, the spouse takes one-half of the deceased's property other than marital property and certain co-owned property.

Does a surviving spouse in Wisconsin inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

Yes. Spouse takes all with shared children in Wisconsin: yes.

How much does a surviving spouse inherit in Wisconsin when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Wisconsin: Entire estate.

Is Wisconsin a community property state?

Yes. Community property state in Wisconsin: yes. Wisconsin calls it marital property; each spouse has a present one-half interest.

Where do the Wisconsin intestate succession laws come from?

The rules above come from Wis. Stat. 852.01 and Wis. Stat. 766.31. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.