Wisconsin Statutes Probate (Ch. 851 to 882) § 861.01. Ownership of marital property at death

(1) Surviving spouse's one-half interest in marital property. Upon the death of either spouse, the surviving spouse retains his or her undivided one-half interest in each item of marital property. The surviving spouse's undivided one-half interest in each item of marital property is not subject to administration. Ownership and management and control rights are set forth under ss. 857.01 and 857.015.

(2) Interest of a 3rd party in marital property. A 3rd party who is a successor in interest to all or part of the decedent's 50 percent interest in marital property is a tenant in common with the surviving spouse.

(3m) Personal injury damages; lost earnings.Section 766.31(7m) determines the rights of a surviving spouse to that part of a personal injury claim that represents future lost earnings of the surviving spouse.

(4) Enforcement of surviving spouse's marital property rights in nonprobate assets.Section 766.70 applies to enforcement of a surviving spouse's marital property rights in nonprobate assets.

(5) Division of marital property on aggregate basis.Section 766.31(3)(b) determines how marital property may be divided upon the death of a spouse.