Dying without a will in Wisconsin: intestate succession & what happens
With no will, Wisconsin's intestate succession statute (Wis. Stat. § 854.01) determines who inherits. As a marital property state, the surviving spouse's share includes marital property plus a share of individual property. Kindred handles the administration either way.
- With no will, Wisconsin's intestate succession statute (Wis. Stat. § 854.01) determines who inherits. As a marital property state, the surviving spouse's share includes marital property plus a share of individual property. Kindred handles the administration either way.
- Wisconsin allows self-representation in probate — Kindred handles the administrative work for a flat fee.
- The court appoints an administrator instead of an executor when there is no will naming one.
- Small-estate simplified procedures may still be available even without a will.
Common questions
Do I need a lawyer for probate in Wisconsin?
No — Wisconsin's informal probate under the Uniform Probate Code is designed to be handled by the personal representative without an attorney. Kindred handles the administrative work for a flat fee. If a dispute arises, we flag it so you can bring in an attorney of your choosing. Kindred is not a law firm.
How much does probate cost in Wisconsin?
No statutory percentage fee — attorneys typically bill $250-$400/hour or a flat fee. Filing fees run about $170-$250. Estates under $50,000 can use a small-estate affidavit. These are illustrative figures.
How long does probate take in Wisconsin?
An informal probate typically runs 6 to 12 months. Creditors have 3 months from publication of notice to file claims — a relatively short period compared to most states.
Last verified July 2026. Figures are illustrative and vary by estate — not a quote or legal advice. Kindred is not a law firm and does not provide legal advice; we handle the administrative work and coordinate an independent attorney where one is legally required.
You don't have to carry this alone.
Tell us about the estate on a free, no-obligation call. We'll map out exactly what needs to happen — and how we'd take it off your plate.
Start with fixed-fee Estate Setup, then choose the right package.
Tell us about your situation
Has the person passed away?
Your relationship to them