Wisconsin

At a Glance

Who Files and When

In Wisconsin, the death record is filed by the person who moves the body for final disposition: a licensed funeral director, an immediate family member who personally handles the final disposition, or another person authorized by law. Within 24 hours of being notified of the death, that person must present or mail the record to the physician, coroner, or medical examiner responsible for the medical certification. The certifier completes the cause-of-death portion through the state registrar's electronic vital records system within 6 days of the pronouncement of death, and the filer then files the record in the registration district within 2 days of receiving the certification (Wis. Stat. § 69.18).

Obtaining Certified Copies

Certified copies of a death certificate are restricted to immediate family members (parent, spouse, sibling, grandparent, child, or domestic partner), authorized representatives, or individuals who can demonstrate a direct and tangible interest to protect a personal or property right (Wis. Stat. §§ 69.20 and 69.21). Uncertified copies are available to anyone but cannot be used for legal purposes.

• –Immediate family members include parents, current spouses, brothers/sisters, grandparents, children, and current domestic partners.
• –Authorized representatives require written authorization.
• –Individuals protecting a personal or property right must provide proof.

Cost and Types of Copies

The cost for the first certified copy of a death certificate in Wisconsin is $20, with additional copies ordered at the same time costing $3 each (Wis. Stat. § 69.22). There are two main types of copies: a "Fact of Death" certificate, which excludes the cause and manner of death and final disposition, and an "Extended Fact of Death" certificate, which includes this information and is typically required for insurance claims (Wis. Stat. § 69.18(1m)).

How do I get a death certificate in Wisconsin?

Order certified copies from Wisconsin's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Wisconsin?

$20 per certified copy in Wisconsin, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

Understanding Probate in Wisconsin

Probate in Wisconsin is a court-supervised legal process designed to ensure the orderly transfer of a deceased person's assets to their rightful heirs and beneficiaries, and to settle any outstanding debts. This process is governed by Wisconsin Statutes Chapters 851 through 882.

When Probate Can Be Avoided

Not all estates in Wisconsin require full probate. For estates of $50,000 or less, heirs can use the transfer by affidavit process under Wis. Stat. § 867.03 to collect assets without a court proceeding. Additionally, certain assets bypass probate entirely due to their ownership structure or beneficiary designations.

• –**Joint Ownership:** Assets held in joint tenancy or with rights of survivorship automatically transfer to the surviving owner.
• –**Transfer-on-Death (TOD) / Payable-on-Death (POD) Designations:** Assets with these designations, such as bank accounts or investment accounts, pass directly to the named beneficiaries.
• –**Living Trusts:** Assets placed into a revocable living trust are distributed according to the trust's terms, bypassing the probate court.
• –**Beneficiary Designations:** Life insurance policies and retirement accounts with named beneficiaries transfer directly to those individuals.

Estate Closing Timeframes

While state law generally requires an estate to be closed within 18 months, some Wisconsin counties have adopted benchmarks aiming for completion within 12 months. This timeframe can vary depending on the complexity of the estate and any disputes that may arise.

How long does probate take in Wisconsin?

A straightforward Wisconsin probate typically runs 12-18 mo, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Wisconsin?

$50,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Wisconsin?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Wisconsin allow transfer-on-death deeds?

Yes. Wisconsin authorizes the TOD deed (nonprobate transfer of real property on death) under Wis. Stat. section 705.15. Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Wisconsin has its own TOD-deed statute rather than the uniform act; a single section (705.15) does the whole job, and the designation is recorded with the county register of deeds.

Source: Wis. Stat. section 705.15 ↗

Die without a will in Wisconsin and this law picks your heirs.

If you die intestate (without a valid will) in Wisconsin, Wis. Stat. § 852.01 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): everything.
• –Spouse + parents (no descendants): everything; parents get nothing.
• –Spouse + joint descendants: everything.
• –Spouse + blended family: half of the decedent's individual property only; the decedent's half of the marital property and the rest go to the decedent's children.
• –Source: Wis. Stat. § 852.01

Children's shares.

The decedent's issue take everything per stirpes.

No spouse, no children: the line of succession.

With no spouse or issue the estate goes to the parents, then to siblings and the issue of dead siblings per stirpes, then half each to the maternal and paternal grandparents or their issue (with the whole estate crossing to one side if the other has no one); with no takers it escheats to the state and is added to the school fund.

At a Glance

Purpose and Types of Advance Directives

Advance directives are legally binding documents in Wisconsin that allow individuals to express their healthcare wishes in advance, should they become unable to make or communicate those decisions. The Wisconsin Department of Health Services (DHS) provides standard forms for various types of advance directives.

• –**Declaration to Health Care Professionals (Living Will):** Outlines specific medical treatments an individual wants or does not want.
• –**Power of Attorney for Health Care:** Designates an agent to make healthcare decisions on one's behalf.
• –**Power of Attorney for Finance and Property:** Appoints an agent to manage financial and property matters.
• –**Authorization for Final Disposition:** Specifies wishes regarding funeral arrangements and disposition of remains.

Validity and Legal Framework

For an advance directive to be valid in Wisconsin, the form must be complete and properly signed. It is crucial not to alter the pre-printed wording unless specifically instructed, as unauthorized changes can invalidate the document. These directives are governed by Wisconsin Statutes, primarily Chapter 154 (Declarations to Physicians & Do-Not-Resuscitate Orders) and Chapter 155 (Power of Attorney for Health Care).

Recent Legislative Changes

Effective June 1, 2026, the 2025 Wisconsin Act 115 amended Wis. Stat. § 50.06. This update established a new legal decision-maker role, known as a "patient's representative," and created an alternative pathway for incapacitated hospital patients without existing advance directives to be admitted to community-based residential facilities (CBRFs) or nursing homes.

Where do I get Wisconsin's advance directive form?

The controlling law is Wisconsin DHS, Wisconsin Statutes, linked as this section's source. Most people use the free statutory form: Wisconsin's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Wisconsin require a notary or witnesses for an advance directive?

Wisconsin requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation Requirements and Waiting Period

Wisconsin law mandates a 48-hour waiting period between the time of death and cremation. A cremation permit, issued by the Medical Examiner of the county where the death occurred, is required. The Medical Examiner may also require a physical viewing of the deceased before issuing the permit. No law requires a casket for cremation; federal law allows the use of alternative containers made of combustible materials.

Burial Regulations and Casket Choice

While most burials occur in established cemeteries, burial on private property is possible in Wisconsin, subject to local town or county regulations and health department rules. If a private burial occurs, a map showing the burial site should be filed with the property deed. There is no state law requiring a casket for burial, though cemeteries may have specific requirements for burial containers.

Scattering Ashes

Wisconsin law permits cremated remains to be placed in a grave, niche, crypt, or disposed of in "any other lawful manner," provided they are reduced to a particle size of one-eighth of an inch or less. There are no specific state restrictions on where ashes can be scattered. For sea burials, the federal Clean Water Act requires scattering at least three nautical miles from land. Permits are generally required for scattering ashes in national parks and may be necessary for state or local public lands.

Alkaline Hydrolysis (Water Cremation)

As of June 2026, Wisconsin does not have specific laws or regulations that explicitly allow or prohibit alkaline hydrolysis, also known as water cremation or flameless cremation. This method is gaining recognition as an alternative to traditional cremation.

At a Glance

No State-Level Estate, Inheritance, or Gift Tax

Wisconsin does not impose a state-level estate tax for decedents dying after December 31, 2007. Similarly, there is no Wisconsin inheritance tax for deaths occurring on or after January 1, 1992, and no Wisconsin gift tax for gifts made on or after January 1, 1992. This means that, at the state level, assets transferred at death or as gifts are not subject to these specific taxes.

Federal Estate Tax Implications

Despite the absence of state-level estate taxes, Wisconsin residents are still subject to the federal estate tax if their estate's value exceeds the federal exemption amount. The exemption is $15 million per person for 2026, indexed for inflation, made permanent by the One Big Beautiful Bill Act (2025). The federal estate tax rate is 40% on the portion of the estate exceeding this exemption.

The 2026 Estate Tax Bill Failed

In early 2026 some Wisconsin lawmakers pushed to create a state estate tax. The plan became 2025 Assembly Bill 1029, introduced February 6, 2026: an estate tax with a top rate of 20 percent, half the top federal rate, applying to deaths after October 31, 2026. The bill failed to pass when the legislative session ended on March 23, 2026. Wisconsin still has no estate tax.

Does Wisconsin have an estate tax?

No. Wisconsin has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Wisconsin have an inheritance tax?

No. Wisconsin does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Eligibility and Registration

In Wisconsin, individuals aged 15 and older are eligible to register as organ and tissue donors. Registration can be conveniently completed when applying for or renewing a driver's license or ID card at the Department of Motor Vehicles (DMV), or directly online through the Wisconsin Donor Registry. This act constitutes "first-person authorization," making the decision legally binding.

Legal Framework and Family's Role

Organ donation in Wisconsin is governed by the Uniform Anatomical Gift Act (UAGA), as outlined in Wis. Stat. § 157.06. This act allows individuals to make an anatomical gift to take effect after their death. When an individual has registered as a donor (first-person authorization), their decision is legally protected and cannot be overturned by family members. If no first-person authorization has been made, the legal next-of-kin may authorize donation on behalf of the deceased.