In Wisconsin, intestacy rules apply to assets you own in your name alone at death that don’t have a built‑in transfer mechanism. By contrast, beneficiary‑designated assets (like life insurance and retirement accounts) and many TOD/POD accounts pass directly to the named beneficiary, and joint property with a right of survivorship passes to the surviving owner—these non‑probate transfers happen outside intestacy and will control even if a will says something different.
If you are married, Wisconsin’s default rules reflect both marital property principles and family makeup. Where there are no children from other relationships, the surviving spouse often inherits most or all assets by default; in blended families, children may inherit part of the estate under the intestacy statutes. One key point many families miss: stepchildren have no automatic inheritance rights under Wisconsin intestacy unless they were legally adopted, so they will not share by default without specific planning.
If you are unmarried and die without a will, parents typically inherit everything; if your parents are no longer living, siblings inherit next in line. Unmarried partners and friends do not inherit under Wisconsin’s intestacy laws unless they are specifically provided for by beneficiary designation or other planning.
Because Wisconsin is a marital‑property state, ownership classifications can affect who actually inherits (and how much), which is why intestacy outcomes sometimes surprise families. People often assume they own more—or less—of certain assets than the law recognizes, creating confusion if there’s no coordinated plan. Remember too that non‑probate transfers—beneficiary designations, TOD/POD accounts, joint accounts, and trust‑titled property—will bypass intestacy entirely, so keeping those designations up to date is essential to avoid unintended results.
Bottom line: Without a will or trust, Wisconsin law decides who inherits your probate assets based on your family tree and marital status, while beneficiary‑designated and jointly held assets pass outside that system. To ensure outcomes match your intent—especially in blended families—coordinate beneficiary forms, titling, and (if appropriate) a will or revocable trust.
Contact our Madison, Wisconsin estate planning attorneys if you would like to learn more. We are happy to help!