Surviving spouses in Wisconsin have many rights and benefits, including:
- Intestate share
- Marital Property Rights
- Family Allowance
- Special Allowance
It is important to learn your widow’s rights as the first step in the probate process.
Surviving Spouse Rights in Wisconsin When There Is No Valid Will
- Surviving Spouse Only: If the decedent is only survived by the surviving spouse, the all property goes to the spouse.
- Surviving Spouse and Shared Children: If the decedent is survived by the surviving spouse and children, the surviving spouse receives all of the marital and separate property.
- Surviving Spouse and Other Children: If decedent had children not shared with the surviving spouse, then the surviving spouse receives 1/2 of decedent’s separate property, and the children receive decedent’s share of the marital property and 1/2 of the separate property.
Wisconsin Is A Marital Property State By Default – Surviving Spouse Rights In Deferred Marital Property
Surviving Spouse Allowances and Exemptions
- Family Allowance: A surviving spouse may receive a family allowance during the administration of the estate, in the court’s discretion. The allowance is permitted for up to one year, and for additional one-year periods.
- Special Allowance: A surviving spouse may also receive a special allowance for support if the surviving spouse lacks ample means to provide for himself or herself.