Detailed answer

What “dying without a will” (intestate) means

Dying intestate means the deceased left no valid will. Wisconsin law then distributes the estate according to statutory rules rather than the decedents instructions. Those rules prioritize the surviving spouse and other relatives. See Wisconsins intestacy rules: Wis. Stat. ch. 852.

Core rights you likely have

• Right to inherit under intestacy. The surviving spouse typically inherits all or part of the estate under Wisconsins intestacy rules. How much depends on whether the decedent left children (and whether those children are also the surviving spouses children) or parents. See Wis. Stat. ch. 852.
• Right to be involved in estate administration. A surviving spouse can petition the probate court to be appointed the personal representative (administrator) of the estate. If appointed, you control administration, notify creditors, collect assets, pay debts, and distribute property under court supervision. The probate administration process and the powers of personal representatives are governed by Wisconsins probate statutes (see the probate chapter of the Wisconsin Statutes: Wis. Stat. ch. 867).
• Temporary emergency relief and possession. If family members are removing property or making decisions without you, the court can issue emergency orders (such as temporary possession or a special administrator) to protect the estate until a formal hearing. You can ask the court for immediate relief.
• Priority for funeral and burial decisions. Wisconsin law generally gives the surviving spouse priority to arrange for disposition of the body (funeral, burial) before other relatives, absent an express contrary directive. If family members exclude you from funeral decisions, the probate court or appropriate county authority can resolve disputes.
• Right to exempt property and family allowance. The surviving spouse may be entitled to certain exempt property and a family allowance to support themselves during administration. These provisions protect basic living needs during probate. See rules on exemptions and allowances: Wis. Stat. ch. 859.
• Right to challenge improper actions. You can contest actions by family members or a personal representative who acts improperly: removal of assets, failure to account, improper transfers, or exclusion from decision-making. The probate court can remove or limit a personal representative, order accountings, and restore assets.

How to assert your rights: step-by-step

1. Gather documentation. Collect marriage certificate, death certificate, any records of property ownership (deeds, titles), bank and investment statements, and any communication showing family members actions.
2. Contact the probate clerk in the county where your spouse lived. Ask about filing a petition for appointment as personal representative (also called administrator). The clerk can explain local rules and required forms.
3. File a petition for appointment or for emergency relief. If someone already took control of assets, ask the court for a temporary order or a special administrator to secure estate property and prevent dissipation.
4. Request an inventory and accounting. Once a personal representative is appointed, you can demand an inventory of estate assets and periodic accountings. If you are the representative you must provide these to interested persons.
5. Seek judicial remedies if family members refuse to cooperate. Ask the court to remove a personal representative who acts improperly, to restore property taken without authority, or to adjudicate funeral and disposition disputes.
6. Consider hiring an attorney experienced in Wisconsin probate/intestate law. An attorney can prepare petitions, represent you at hearings, and move quickly for emergency orders where needed.

When to go to court immediately

Seek immediate court action if family members are:

• Removing or hiding assets;
• Selling property without legal authority;
• Refusing to allow you to take possession of jointly titled property or personal effects; or
• Arranging disposition of the body over your objection.

In those situations you can ask for temporary possession, injunctive relief, or appointment of a special administrator while the court schedules a full hearing.

Common complications

• Property held jointly with right of survivorship generally passes automatically to the survivor and is not part of intestate distribution.
• Assets with payable-on-death (POD) or transfer-on-death (TOD) designations pass to named beneficiaries outside probate.
• If the decedent had debts, creditors have claims against the estate; the personal representative manages creditor claims under court supervision.
• Disputes can arise when some children are not the spouses children; intestate shares can vary. See Wis. Stat. ch. 852 for the distribution rules.

Costs and timing

Probate timelines vary. Emergency petitions can produce quick temporary orders. Full administration can take months to years depending on complexity, creditor claims, and litigation. Court filing fees and attorney fees can apply; in some cases the estate pays reasonable administration fees under court orders.

Where to find the statutes

Key Wisconsin statutory resources:

• Intestate succession: Wis. Stat. ch. 852
• Exempt property and family allowance: Wis. Stat. ch. 859
• Probate administration and the powers of personal representatives: Wis. Stat. ch. 867

If you need the exact statutory language cited in a petition or brief, use the official Wisconsin Legislature website links above or consult an attorney for precise citations and application to your facts.

Practical examples (hypothetical)

Example 1: If the decedent left only children who are also your children, the spouse often inherits the entire estate under Wisconsin intestacy rules. Example 2: If the decedent had children from another relationship, the surviving spouse still has a significant statutory share, and you can petition to administer the estate and enforce that share.

Helpful Hints

• Do not sign away authority or property under pressure. If pressured, tell them you will seek court guidance.
• Document everything: who said what, when items were moved, and any written communications.
• Contact the county probate clerk immediately to learn filing requirements and timelines.
• Ask for a death certificate early; many institutions require one to transfer accounts or titles.
• Preserve proof of marriage (marriage certificate) and any pre- or post-nuptial agreements.
• Avoid confrontations. Let the court resolve disputes—emergency orders can protect you quickly.
• Consider a consultation with a probate attorney. Many attorneys offer limited-scope help or initial consultations to outline options.
• Check whether any accounts have named beneficiaries or joint owners; those assets often pass outside probate.