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What to Do When Someone Dies in Wisconsin

A complete guide to death certificates, probate, estate taxes, and funeral costs in Wisconsin. Everything you need to know about handling a death in the state of Wisconsin.

Quick Facts: Wisconsin

Small Estate Threshold
$50,000
Death Certificate Cost
$20 first copy
Filing Deadline
5 days
Estate Tax
None
Inheritance Tax
None
Community Property
Yes

Death Certificates in Wisconsin

Cost Per Certified Copy

The first certified copy costs $20. Additional copies cost $3 each.

How Many to Order

We recommend ordering 10 to 15 copies. Banks, insurance companies, the Social Security Administration, the DMV, employers, and other institutions typically require original certified copies. Ordering extras upfront saves time and money compared to requesting more later. Ten copies in Wisconsin would cost approximately $47.

Where to Order

Death certificates in Wisconsin are issued by the Wisconsin Department of Health Services, Vital Records. Your funeral home will typically order the initial copies for you as part of their services.

Visit Wisconsin Department of Health Services, Vital Records

Filing Deadline

In Wisconsin, a death must be registered within 5 days. The funeral home or attending physician typically handles the filing.

Probate in Wisconsin

Small Estate Threshold

Estates valued under $50,000 may qualify for simplified probate or a small estate affidavit. Estates under $50,000 may use transfer by affidavit after 30 days.

Probate Court

Probate in Wisconsin is handled by the Circuit Court (Probate).

Visit Circuit Court (Probate) website

Typical Timeline

Probate in Wisconsin typically takes 6-12 months. The timeline depends on the size and complexity of the estate, whether anyone contests the will, and the court's caseload.

Small Estate Affidavit

If the estate is valued below the small estate threshold of $50,000, you may be able to use a small estate affidavit instead of going through formal probate. This is a simplified process that allows heirs to collect assets by presenting a sworn statement to banks and other institutions. Waiting periods and specific requirements vary, so check with the Circuit Court (Probate) in your county for exact procedures.

Key Things to Know in Wisconsin

Community Property State

Wisconsin is a community property state. This means most assets acquired during the marriage are owned equally by both spouses, regardless of whose name is on the title. When one spouse dies, the surviving spouse automatically owns their half of community property. Only the deceased spouse's half passes through the will or probate. This can simplify estate settlement for married couples but may complicate matters if assets were commingled with separate property.

State-Specific Notes

Wisconsin adopted the Marital Property Act, making it a community property state (the only one to use this specific framework). Community property passes to the surviving spouse without probate. Wisconsin also allows "transfer on death" designations for bank accounts, securities, and real property.

No State Death Taxes

Wisconsin does not have a state estate tax or inheritance tax. Only the federal estate tax applies, and it only affects estates exceeding $13.61 million.

Funeral Costs in Wisconsin

Median Burial Cost
$8,300
Median Cremation Cost
$6,100
Cremation Rate
60%

These are median costs in Wisconsin. Actual costs vary significantly based on the funeral home, location within the state, and services selected. Under the FTC Funeral Rule, funeral homes must provide itemized pricing when you ask. You are not required to purchase a package and can choose individual services.

Major Cities in Wisconsin

MilwaukeeMadisonGreen BayKenoshaRacine

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