What to Do When Someone Dies in Wisconsin
Reviewed by Everendium Editorial Team · Last reviewed August 18, 2026
Quick answer
Wisconsin's Marital Property Act creates a system similar to community property in other states, affecting how a surviving spouse's assets are treated, though Wisconsin uses its own specific terminology rather than calling it 'community property.' Wisconsin offers simplified summary settlement and summary assignment processes for smaller estates, and has no state estate or inheritance tax.
Wisconsin has its own distinctive approach to marital property, functionally similar to community property but built on its own legal framework.
Death certificates
Certified death certificates in Wisconsin are issued through the Wisconsin Department of Health Services Vital Records office, or often through the local county register of deeds. The funeral home typically handles ordering these on your behalf.
The Marital Property Act
Wisconsin’s Marital Property Act creates a system functionally similar to community property in other states — generally treating property acquired during a marriage as jointly owned by both spouses. However, Wisconsin uses its own specific legal terminology and framework rather than directly adopting the “community property” label used elsewhere, which is worth knowing if you’re comparing Wisconsin’s rules to another state’s.
Simplified processes for small estates
Wisconsin offers two distinct simplified options:
- Summary settlement for smaller qualifying estates
- Summary assignment for estates below a specific value threshold
Both are generally faster and less involved than full formal probate administration.
No state estate or inheritance tax
Wisconsin does not currently have a state estate tax or inheritance tax.
Where to get help
- Wisconsin Department of Health Services for death certificate questions
- State Bar of Wisconsin for attorney referrals, including estate and probate specialists
Wisconsin law can change. This is general educational information, not legal advice — please consult a Wisconsin-licensed attorney for guidance specific to your situation.
Frequently asked questions
How do I get a death certificate in Wisconsin?+
The funeral home typically orders certified copies through the Wisconsin Department of Health Services Vital Records office, or the local county register of deeds, on your behalf.
What is Wisconsin's Marital Property Act?+
A distinctly Wisconsin law creating a system functionally similar to community property in other states, generally treating property acquired during a marriage as jointly owned — though Wisconsin uses its own specific legal terminology and framework rather than adopting the term 'community property' directly.
Is there a simplified probate process in Wisconsin?+
Yes — Wisconsin offers 'summary settlement' and 'summary assignment,' two simplified processes for smaller qualifying estates, generally faster than full formal probate administration.
Does Wisconsin have a state estate or inheritance tax?+
No — Wisconsin does not currently have a state estate tax or inheritance tax.
Sources
Related glossary terms
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