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MORTL → State Guides → Wisconsin
State Guide
What Wisconsin law actually says about death, probate, cremation, advance directives, and estate taxes. No legal jargon. No upselling. Just what you need to know.
Common questions
Someone just died in Wisconsin? The first 24 hours, step by step →
Guide Status
● Last reviewed August 2026
Laws change. Each section shows when it was last verified. Always confirm with a licensed Wisconsin attorney for your specific situation.
This is general information, not legal advice. Wisconsin law changes. Your situation is specific. For anything that matters, talk to a licensed Wisconsin attorney. Our directory doesn't list attorneys, so you'll find one on your own.
The short answer
In Wisconsin, estates under $50,000 can skip full probate through a simplified process or affidavit. Cremation requires a 48-hour wait. There's no Wisconsin estate or inheritance tax. Every figure below names its source and the date it was checked.
Reviewed August 2026 · Wisconsin
Someone just died in Wisconsin: the first 24 hours →Verified providers in Wisconsin →
Last verified: July 18, 2026
Source: Wis. Stat. §§ 69.18, 69.20 & 69.22 · Wisconsin DHS Vital Records ↗At a Glance
File within 6 days · Restricted for 50 years · Then public
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).
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 can't be used for legal purposes.
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)).
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. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.
$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.
Last verified: August 9, 2026
Source: Wis. Stat. chs. 851-882 (Probate); Wis. Stat. § 867.03 (Transfer by Affidavit) ↗At a Glance
Small estate threshold vs. national average
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.
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.
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.
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.
$50,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.
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.
No will yet, or one that's out of date? How to write a will covers what belongs in one and the signing requirements, step by step. The rules on this page are what Wisconsin law adds.
Yes. Wisconsin authorizes the TOD deed (nonprobate transfer of real property on death) under Wis. Stat. section 705.15. Record it while you’re 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.
Wisconsin doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.
Who it covers. No employer is covered for bereavement. Wisconsin's FMLA itself reaches employers with 50 or more permanent employees, for employees with more than 52 consecutive weeks of service and at least 1,000 hours in the preceding 52 weeks.
How much. None required.
Paid or unpaid. n/a
Wisconsin's FMLA is narrower than the federal law in duration (six weeks family leave, two weeks medical, eight weeks combined maximum in 12 months) and it never triggers on a death. Employees may substitute other paid or unpaid employer-provided leave for portions of Wisconsin FMLA leave, but that substitution right does not create a bereavement entitlement. There is no Wisconsin pregnancy-loss bereavement provision, and no municipal ordinance fills the gap: Wisconsin preempted local paid-leave ordinances in 2011.
Yes. Wisconsin enforces pet trusts under Wis. Stat. § 701.0408, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when your animal dies, or when the last of them dies if you covered more than one. Wisconsin sets no year limit, so an animal that outlives you by decades stays covered. Wisconsin calls the person who enforces your trust the animal protector. You name that person in the trust, and if you don't, a court appoints one. Anyone who cares about your animal can ask the court to make that appointment. A judge can cut the amount back if the trust holds more than your animal's care requires. What's above that goes to you if you're living, and otherwise to whoever inherits from you. Wisconsin dropped the line the uniform version of this law carries, the one that lets your trust say where leftover money should go, so anything above what your animal needs comes back to you or to your heirs. Don't count on a clause sending it to a shelter or a rescue. Name the animal protector and the caretaker, plus a backup for each, in the trust itself; the statute won't pick any of them for you.
Last verified: July 17, 2026
Source: Wis. Stat. § 852.01 ↗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 doesn't matter. Only a signed will changes these defaults.
Marital property is Wisconsin's name for community property, and the surviving spouse already owns half of it outright. In a blended family the statute gives the spouse none of the decedent's half of the marital property: the courts confirmed it all passes to the decedent's issue (Estate of Carroll, 2001 WI App 120).
What your spouse inherits depends on who else survives you. The four common family shapes:
The decedent's issue take everything per stirpes.
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.
Last verified: June 28, 2026
Source: Wisconsin DHS, Wisconsin Statutes ↗At a Glance
Living Will
Specifies end-of-life care wishes
Healthcare Proxy
Names a decision-maker for you
DNR / POLST
Do-not-resuscitate orders
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.
For an advance directive to be valid in Wisconsin, the form must be complete and properly signed. Do not alter the pre-printed wording unless the form tells you to: 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).
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.
Start with Wisconsin DHS, Wisconsin Statutes, linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.
Wisconsin requires 2 adult witnesses; notarization isn’t required. Anyone 18 or older of sound mind can make one.
Last verified: August 7, 2026
Source: Wis. Stat. §§ 979.10 (cremation permits), 440.80 (disposition of cremated remains) ↗At a Glance
Wisconsin law mandates a 48-hour waiting period between the time of death, or the discovery of the death, and cremation. The one exception in the statute is a death caused by a contagious or infectious disease. A cremation permit from the coroner or medical examiner of the county where the death occurred is required, and the permit can only be used in the county that issued it. The coroner or medical examiner may view the body and make personal inquiry into the cause and manner of death before signing. An unclaimed body can't be cremated at all if the death was a homicide. No law requires a casket for cremation; federal law allows the use of alternative containers made of combustible materials. (Wis. Stat. § 979.10)
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's no state law requiring a casket for burial, though cemeteries may have specific requirements for burial containers.
Wisconsin law permits cremated remains to be placed in a grave, niche, crypt, or disposed of in "any other lawful manner," provided they're 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.
As of June 2026, Wisconsin doesn't 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.
Wisconsin sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.
Naming someone in advance. A separate statutory instrument called an 'authorization for final disposition,' Wis. Stat. § 154.30(8), not the health care power of attorney. Any individual of sound mind who has attained age 18 may execute one, effective on the date of execution. It must name a representative and one or more successor representatives, list each one's name and last-known address, and be signed by each of them; it must be signed and dated by the declarant with the signature witnessed by two adults 18 or older who are not related to the declarant by blood, marriage, or adoption, or acknowledged before a notary public. It may carry special directions and instructions on religious observances, viewing, ceremony, and burial, cremation, other disposition, or body donation.
When the same tier disagrees. Wis. Stat. § 154.30(3)(c): if individuals on the same level of priority cannot agree on the final disposition, the probate court with jurisdiction for the county where the decedent resided may designate the individual 'most fit and appropriate' to control it. A petition may be filed by a relative of the decedent, by someone seeking control who claims a closer personal relationship than the next of kin and was not in the decedent's or family's employ, or, where two or more people at the same level cannot decide by majority vote, by any of them or by the funeral director, crematory authority, or cemetery authority holding the remains. The court may consider the reasonableness and practicality of the proposal, the degree of personal relationship between the decedent and each claimant including estrangement, the desires of those ready and willing to pay, the decedent's express written desires, and the degree to which the disposition would permit maximum participation by family and friends. § 154.30(3)(c)3 states that paying, or being the personal representative, does not by itself give anyone greater opportunity to control.
Wisconsin disqualifies by name under § 154.30(3)(b): anyone charged with first-degree intentional, first-degree reckless, second-degree intentional, or second-degree reckless homicide connected to the death where the charges are known to the funeral director, crematory, or cemetery; anyone who fails to exercise the authority within 2 days after being notified of the death or who cannot be located after reasonable efforts; a spouse against whom a ch. 767 action to terminate the marriage was pending at death; and anyone the probate court finds was estranged, with 'estranged' defined in § 154.30(1)(f) as being physically and emotionally alienated for a period of time at the time of death, clearly demonstrating an absence of due affection, trust, and regard. If homicide charges are dismissed or the person is acquitted, § 154.30(2)(b) restores control, but where disposition has already happened it is limited to a service, disinterment, or reinterment.
Source: Wis. Stat. § 154.30 (Control of final disposition of certain human remains) ↗
Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.
1. When nobody can pay. The funeral expenses program under Wis. Stat. § 49.785, known as the Wisconsin Funeral and Cemetery Aids Program (WFCAP). The Department of Health Services. The statute pays 'from the appropriation under s. 20.435 (4) (br)', and s. 20.435 is headed 'Health services, department of.' Day to day it runs through county and tribal income maintenance agencies: s. 49.78(2r)(c) lists 'Administering the funeral expenses program under s. 49.785.' Note that I could not load a DHS WFCAP web page. The dhs.wisconsin.gov/wfcap paths return 404 and the site's own search is blocked to non-browser clients, so the statute is the source here.
What it pays. Two separate payments. Cemetery: 'The lesser of $1,000 or the cemetery expenses that are not paid by the estate of the deceased and other persons.' Funeral and burial: 'The lesser of $1,500 or the funeral and burial expenses not paid by the estate of the deceased and other persons.'
What disqualifies you. The estate has to be insufficient to pay, and the person who died has to have been a recipient of benefits under s. 49.148, 49.46, or 49.77, or federal SSI under 42 USC 1381 to 1385, or covered under s. 49.471 as a pregnant woman or child under 6 at 185 percent of the poverty line, a child 6 to 18 at 100 percent, or a parent or caretaker relative at 50 percent of the poverty line at the time of death.
2. If the death was caused by a crime. 'Reasonable funeral expenses- up to $5,000.' The overall cap: 'The State of Wisconsin pays up to $40,000 and for up to four years of out-of-pocket expenses'. Administered by the Wisconsin Department of Justice, Crime Victim Compensation Program.
Wisconsin crime victim compensation ↗
3. Money the person was already owed. Search Wisconsin's unclaimed property before you borrow anything. Searching and claiming are free.
Wisconsin unclaimed property ↗
Wisconsin has a trap worth spelling out: spend too much and you get nothing. If total cemetery expenses top $3,500, or total funeral and burial expenses top $4,500, the department isn't required to pay at all, so an upsold casket can cost the family the whole $1,500. There's also a 12-month deadline from the date of death, and if anyone holds a life insurance policy on the person with a face value over $3,000, that reduces what the state pays.
Last verified: July 18, 2026
Source: Wisconsin Department of Revenue, Estates, Trusts, and Fiduciaries FAQ ↗At a Glance
Wisconsin doesn't impose a state-level estate tax for decedents dying after December 31, 2007. Similarly, there's 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 aren't subject to these specific taxes.
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 Working Families Tax Cuts Bill (Public Law 119-21, 2025). The federal estate tax rate is 40% on the portion of the estate exceeding this exemption.
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.
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.
No. Wisconsin doesn’t tax inheritances. Heirs owe no state tax on what they receive.
$15 million per person, $30 million for a married couple, indexed for inflation. The Working Families Tax Cuts Bill (Public Law 119-21, 2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.
Last verified: August 8, 2026
Source: Donate Life Wisconsin, Wisconsin DMV, Wisconsin DHS, Wisconsin Statutes ↗At a Glance
In Wisconsin, individuals aged 15 and older are eligible to register as organ and tissue donors. Registration can be 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.
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), the decision is legally binding, and nobody else may make, amend, or revoke the gift (Wis. Stat. § 157.06(8)). One exception: if the donor is an unemancipated minor, a parent who is reasonably available can revoke or amend the gift (Wis. Stat. § 157.06(8)(g)). Organ procurement organizations still consult families in practice, so tell yours what you decided. If no first-person authorization has been made, the legal next-of-kin may authorize donation on behalf of the deceased.
Source: Wis. Stat. § 157.06(8) (Preclusive effect of anatomical gift, amendment, or revocation) ↗
Need Help in Wisconsin?
Wills, trusts, advance directives, and probate all benefit from a licensed professional. We've compiled a directory of funeral directors, grief counselors, hospice providers, and financial advisors. Sorted by state. Before a listing appears, we check the provider's phone and address against the provider's own website.
Find Help in Wisconsin →From The MORTL Edit
Sources: Wisconsin Statutes §§ 69.18, 69.20, 69.21, 69.22, 154, 155, 157.06, 440.78, 440.80, 705.15, 851-882, 979.10; Wisconsin Department of Health Services; Wisconsin Department of Revenue; Wisconsin Court System; Wisconsin State Legislature (docs.legis.wisconsin.gov); DonateLifeWisconsin.org. Individual sections are updated and re-dated whenever a law changes, which is why the date at the top of the guide can be newer than this one. The whole guide also gets a front-to-back review on a schedule. Last front-to-back review: June 2026.
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