What happens to a farm when there is no will
If a Wisconsin farmer dies without a will, the farm does not go to the son or daughter who has been doing the milking for twenty years. It goes to whoever Wisconsin's intestacy law names, in the shares the law sets. Here is how that works, and what a family can do while there is still time.
General information, not legal advice. This explains Wisconsin law in general terms. Your situation may differ, and reading it does not make us your lawyers.
Who inherits under Wisconsin law
When there is no will, Wisconsin's intestate succession statute (Wis. Stat. 852.01) decides who receives the property that passes through probate.
- Married, and every child is also your spouse's child: your spouse generally inherits all of it.
- Married, with a child from another relationship: the split changes. Your children inherit your half of the marital property, and your other property is divided between your spouse and your children. Your spouse keeps their own half of the marital property either way.
- Not married: your children inherit in equal shares. If a child has died, that child's children take their parent's share.
- No spouse and no descendants: the law looks to your parents, then your brothers and sisters and their children, then more distant relatives.
An unmarried partner, a stepchild you never adopted, and the neighbor who has rented your cropland for thirty years generally inherit nothing under these rules, however close they were.
Property that skips all of this
Some property passes at death no matter what the intestacy rules say, because of how it is titled:
- Land owned in joint tenancy goes to the surviving joint owner.
- Property titled as survivorship marital property goes to the surviving spouse.
- Real estate with a recorded transfer-on-death designation goes to the named beneficiary.
- Accounts and policies with a named beneficiary go to that person.
Pull out your deeds and look at how each parcel is titled. Families are often surprised, especially when land was bought in pieces over several decades.
What probate means for a working farm
Land, machinery and livestock in the person's name alone usually cannot be sold, refinanced or transferred until a personal representative has been appointed through the probate court. Until then, someone still has to feed the cattle, get the crop in and pay the bills.
The personal representative runs things during probate, pays the debts, and then distributes the property to the heirs in their legal shares. If the heirs agree, they can often divide things in a way that works for the family, such as the land to one child and other assets of equal value to the others. If they do not agree, the law's shares control.
When several heirs own the land
Heirs who inherit land together usually own it as tenants in common, each with an undivided share of the whole farm. Any one of them can ask the circuit court to partition the property: divide it, or, if it cannot fairly be divided, order it sold. On a farm, that can force a sale nobody in the family wanted.
Owning land together also means agreeing on rent, taxes, repairs and whether to sell. That is hard among brothers and sisters who live in three different states.
What you can do now
- Write a will or a trust that says who gets the land and who gets the operation. They do not have to be the same person.
- Decide how to treat the children who do not farm. Fair does not always mean equal: life insurance, other assets, or a right to buy the land at a set price can balance things out.
- Check how every deed and account is titled, and update your beneficiary forms.
- If the farm is an LLC or a partnership, make sure its agreement says what happens to a member's share at death.
- Sign powers of attorney for finances and for health care, so someone can keep the farm running if you are hurt or sick.
- Tell your family the plan. Surprises at the kitchen table after a funeral are how farms end up sold.
If someone has already died without a will
Do not sell or give away land, machinery or livestock until someone has legal authority to do it. Keep the operation running and keep records of what you pay and what comes in. Gather the deeds, recent tax bills, loan papers and any farm leases, then call us. We will explain which probate path fits and what it will cost before you decide anything.
Talk it through
Marit Halvorsen grew up on a dairy farm outside Viroqua, and farm plans are a large part of her work. The first 30 minutes are free.