Elective Share in Wisconsin
State-specific overview · Estate & Probate
Wisconsin is a community property state; the surviving spouse owns one-half of community property automatically and has limited elective rights over separate property.
How Wisconsin treats Elective Share
Wisconsin treats property acquired during marriage as community property, which the surviving spouse owns one-half of by operation of law. For separate property, the spouse has a limited elective share right, but community property ownership is the primary protection. The spouse's share of community property does not depend on an election or the contents of the will. Wisconsin Statutes § 861.02 governs community property rights.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Wisconsin.