When my Spouse Dies is Probate Required?
Because Wisconsin is a marital property law state, often when the first spouse dies, no probate is required. However, there are other procedures that are usually needed, such as removing your spouse's name from the deed to your house, which can normally be done with a termination of decedent's interest form that your attorney can draft for you. Even though probate may not be required, if you don't take the appropriate action after the death of your spouse, it can slow things down when you die and make the administration of your estate more difficult for your children or loved ones who survive you. Talk to your probate attorney about what needs to be done when your spouse dies.