In Wisconsin, the 120-hour survival requirement means a person must survive the decedent by at least 120 hours (five days) to take property as an heir, devisee, or beneficiary unless a governing instrument provides a different rule. The purpose is to prevent assets from passing through estates in rapid succession, reduce administrative complexity, and avoid duplicative probate when deaths occur close together.
In practice, if a beneficiary does not survive the decedent by at least 120 hours, they are treated as having predeceased the decedent. Their share then passes to alternate beneficiaries named in the will or trust, or, if none are named, according to intestate succession rules. The requirement applies broadly to inheritances under wills, trusts, and intestate succession.
Two simple examples illustrate the rule. If a husband dies on January 1 and his wife dies on January 10, the wife survived more than 120 hours and can inherit (if otherwise entitled). By contrast, if the husband dies on January 1 and the wife dies on January 3, the wife did not survive 120 hours and is treated as if she died before the husband for inheritance purposes.
There are important exceptions. The rule does not apply if a will, trust, or other governing instrument clearly provides a different survivorship standard. Certain small-estate or statutory exceptions may also override the default, and some beneficiary designations or contracts (such as insurance or retirement accounts) have their own survivorship terms that control. Survival must be proven by clear and convincing evidence, which may include medical records, death certificates, witness testimony, or other reliable documentation.
In summary, unless a governing instrument states otherwise, Wisconsin’s default rule requires a beneficiary to outlive the decedent by at least five days to inherit; otherwise, the law treats the beneficiary as having predeceased the decedent and redirects the gift accordingly under the will, trust, or intestacy.
If you would like to discuss this matter more thoroughly, please reach out to our Madison Wisconsin Estate Planning attorneys. We are here to help!