What Happens If You Die Without a Will in Wisconsin?

Many people assume that if they die without a will, their family will simply decide who receives their property.

That isn't how it works.

When a Wisconsin resident dies without a valid will, they are considered to have died intestate. Instead of you deciding who receives certain probate assets, Wisconsin law determines who your heirs are and how those assets are distributed.

In other words:

If you don't create an estate plan, Wisconsin already has one for you.

The question is whether that plan matches what you actually want.

Who Inherits If You Don't Have a Will?

The answer depends on your family situation.

If you are married and all of your surviving children are also children of your surviving spouse, the surviving spouse generally receives the estate.

The situation can become more complicated when there are children from another relationship. Wisconsin's intestate succession rules may divide certain property between the surviving spouse and the deceased person's children.

If there is no surviving spouse, assets generally pass through a legal order that can include children, parents, siblings and their descendants, and then more distant relatives.

That may be perfectly acceptable for some families.

For others, it may be very different from what they would have chosen.

A Will Lets You Make the Decisions

A will allows you to put your wishes in writing rather than relying solely on Wisconsin's default inheritance rules.

A will can help you:

• Identify who should receive your property
• Name the person you want to handle your estate
• Name guardians for minor children
• Provide clearer instructions for your family
• Reduce uncertainty about your intentions

Having a will does not necessarily eliminate probate. A will is generally a probate document, meaning the probate court may still oversee the administration and distribution of assets subject to the will.

What Is Probate?

Probate is the court-supervised process used to transfer a deceased person's assets to the people legally entitled to receive them. Wisconsin probate matters are governed by state law and handled through the court system.

Probate isn't automatically a disaster, but it does involve a formal legal process.

That is one reason some families consider a revocable living trust in addition to—or instead of relying primarily on—a will.

Can a Trust Help Avoid Probate?

Potentially, yes.

Property that has been properly transferred into a revocable living trust generally does not go through probate at the owner's death.

But simply signing a trust isn't enough.

The trust generally must be properly funded, meaning appropriate assets have actually been transferred into or coordinated with the trust. Assets left outside the trust may still require probate.

This is an important distinction.

Creating a trust and funding a trust are two different things.

What About Smaller Estates?

Wisconsin has a Transfer by Affidavit procedure that may be available when a deceased person's gross estate subject to the procedure does not exceed $50,000.

That can allow certain property to be transferred without a traditional court-supervised estate administration, although specific requirements and responsibilities still apply.

So not every estate requires the exact same process.

Estate Planning Is About More Than Death

A good estate plan should also address what happens while you are alive.

What if you're hospitalized?

What if an accident or illness leaves you unable to manage your finances?

Who can make healthcare decisions for you?

That is where documents such as a Financial Power of Attorney and Healthcare Power of Attorney become important.

Without proper planning, your family may have fewer options and potentially face additional legal steps at an already difficult time.

Will or Trust?

There isn't one answer that's right for everyone.

A will may be enough for some families.

A revocable living trust may make more sense for others, particularly when someone wants greater control over how assets are managed, wants to plan for incapacity, owns multiple properties, has a more complicated family situation, or wants properly funded trust assets to avoid probate.

The important part is making the decision yourself instead of leaving every decision to Wisconsin's default rules.

Don't Let Wisconsin Write Your Estate Plan for You

You don't have to be wealthy to need an estate plan.

If you own a home, have children, have retirement accounts, own a business, have savings, or simply want to make life easier for the people you leave behind, having your wishes clearly documented can make a meaningful difference.

At Setter Financial, we help clients understand their estate-planning options and guide them through the process.

Estate-planning legal services and legal-document preparation are provided through Estate Guru's legal team. Setter Financial is not a law firm and does not provide legal or tax advice.

Education first. No pressure. Just options.