Estate Planning Law in Wisconsin: Overview
Wisconsin is technically a "marital property" state (adopting the Uniform Marital Property Act in 1986), which functions essentially as community property. It does not impose a state estate tax or inheritance tax. Wisconsin adopted the Uniform Probate Code. The state requires two witnesses for wills; holographic wills are not recognized. Transfer-on-death deeds are available. The small estate threshold is $50,000. Wisconsin provides a full stepped-up basis for marital property at the first spouse's death, similar to other community property states.
Key Statutes & Deadlines
State Estate Tax
No state estate tax
Wis. Stat. § 72.01
Marital Property
Uniform Marital Property Act (quasi-community property)
Wis. Stat. § 766.001
Small Estate Threshold
$50,000 for affidavit
Wis. Stat. § 867.03
Will Execution
Two witnesses; no holographic wills
Wis. Stat. § 853.03
Transfer-on-Death Deed
Available for real property
Wis. Stat. § 705.15
Marital Property (Community Property)
Wisconsin adopted the Uniform Marital Property Act in 1986, making it the only common law state to adopt what is essentially a community property system by statute. Property acquired during marriage is "marital property" owned equally. This provides the same stepped-up basis advantage as traditional community property states—both halves receive a step-up at the first death. Wisconsin also allows marital property agreements to classify property differently.
UPC Probate
Wisconsin's UPC provides informal and formal probate tracks. Small estates under $50,000 can use an affidavit. Transfer-on-death deeds allow real property to pass without probate. The creditor claims period is three months.
Trust Law
Wisconsin has modern trust laws with trust decanting and modification provisions. The state does not have a domestic asset protection trust statute. Trusts are commonly used for comprehensive estate planning.
Wisconsin Court System
Wisconsin probate is handled by Circuit Courts in each of its 72 counties. The UPC provides informal and formal tracks. Registers in Probate assist with filings. Appeals go to the Court of Appeals and Supreme Court.
Damages & Penalties
Wisconsin has no state estate or inheritance tax. Fiduciaries face liability for breach. Courts can remove and surcharge fiduciaries.
Recent Legislative Changes
Wisconsin has enacted transfer-on-death deed legislation and updated its trust laws. The state continues to refine its UPC procedures.
Key Takeaways
- No state estate or inheritance tax.
- Marital property system functions as community property with full stepped-up basis.
- UPC provides streamlined probate.
- Transfer-on-death deeds available.
- Holographic wills not recognized.
- Small estates under $50,000 qualify for affidavit.
- Marital property agreements allow flexible property classification.
Frequently Asked Questions
Is Wisconsin a community property state?
Wisconsin adopted the Uniform Marital Property Act, creating a system functionally equivalent to community property. Property acquired during marriage is marital property owned equally by both spouses.
Does Wisconsin have a state estate tax?
No, Wisconsin has no state estate or inheritance tax.
Are holographic wills valid?
No, Wisconsin requires two witnesses for a valid will.
Does Wisconsin allow transfer-on-death deeds?
Yes, TOD deeds are available for real property.
What is the stepped-up basis benefit?
Because Wisconsin is a marital property state, both halves of marital property receive a full stepped-up basis at the first spouse's death, similar to community property states.
What is the small estate threshold?
$50,000 for the affidavit procedure.
This guide is provided for general informational purposes only and does not constitute legal advice. Wisconsin laws may change, and the information here may not apply to your specific situation. For advice tailored to your circumstances, consult with a qualified Wisconsin attorney.