Wisconsin Statutes & Annotations
Chapter 861 - Probate — family rights.
861.20 - Surviving spouse's right in nondomiciliary decedent's real property in this state.

861.20 Surviving spouse's right in nondomiciliary decedent's real property in this state.
(1) If a married person who does not have a domicile in this state dies and leaves a valid will disposing of real property in this state which is not the community property or marital property of the decedent and the surviving spouse, the surviving spouse has the same right to elect to take a portion of or interest in that property against the will of the decedent as if the property were located in the decedent's domicile at the decedent's death. The procedure of the decedent's domicile for electing against the will applies to such an election.
(2) If a married person who does not have a domicile in this state dies and has an interest in real property in this state that is subject to administration but not disposed of by will, the surviving spouse has the same right to the property under intestate succession as if the property were located in the decedent's domicile at decedent's death.
History: 1985 a. 37; 1987 a. 393; 2005 a. 216.

Structure Wisconsin Statutes & Annotations

Wisconsin Statutes & Annotations

Chapter 861 - Probate — family rights.

861.01 - Ownership of marital property at death.

861.015 - Satisfaction of nonholding spouse's marital property interest in certain business property.

861.018 - Definitions.

861.02 - Deferred marital property elective share amount.

861.03 - Augmented deferred marital property estate: decedent's probate property and nonprobate or other property transfers.

861.04 - Augmented deferred marital property estate: surviving spouse's property and transfers to others.

861.05 - Augmented deferred marital property estate: calculation of property interests.

861.06 - Satisfaction of deferred marital property elective share amount.

861.07 - Personal liability of recipients.

861.08 - Proceeding for election; time limit.

861.09 - Right of election by or on behalf of surviving spouse.

861.10 - Waiver of right to elect; failure to elect.

861.11 - Protection of payers and other 3rd parties.

861.17 - Rights in property transferred in fraud of surviving spouse.

861.20 - Surviving spouse's right in nondomiciliary decedent's real property in this state.

861.21 - Assignment of home to surviving spouse or surviving domestic partner.

861.31 - Allowance to family during administration.

861.33 - Selection of personalty by surviving spouse or surviving domestic partner.

861.35 - Special allowance for support of spouse or domestic partner and support and education of minor children.

861.41 - Exemption of property to be assigned to surviving spouse or surviving domestic partner.

861.43 - Authority and powers of conservator, guardian or agent.