AB645-ASA1, s. 95 15Section 95. 851.51 (title) of the statutes is repealed.
AB645-ASA1, s. 96 16Section 96. 851.51 (1) and (2) of the statutes are renumbered 854.20 (1) and
17(2) and amended to read:
AB645-ASA1,21,2318 854.20 (1) Inheritance rights between adopted person and adoptive
19relatives.
A Subject to sub. (4), a legally adopted person is treated as a natural birth
20child of the person's adoptive parents for purposes of intestate succession by, through
21and from the adopted person and for purposes of any statute conferring rights upon
22children, issue or relatives in connection with the law of intestate succession or wills
23governing instruments.
AB645-ASA1,22,2 24(2) (title) Inheritance rights between adopted person and natural birth
25relatives.
A Subject to sub. (4), a legally adopted person ceases to be treated as a

1child of the person's natural birth parents for the same purposes as under sub. (1),
2except:
AB645-ASA1,22,53 (a) If a natural birth parent marries or remarries and the child is adopted by
4the stepparent, for all purposes the child is treated as the child of the child's natural
5birth parent for all purposes; whose spouse adopted the child.
AB645-ASA1,22,116 (b) If a natural birth parent of a marital child dies and the other natural birth
7parent remarries and the child is adopted by the stepparent, the child is treated as
8the child of the deceased natural birth parent for purposes of inheritance through
9that parent and for purposes of any statute conferring rights upon children, issue or
10relatives of that parent under the law of intestate succession or wills governing
11instruments
.
AB645-ASA1, s. 97 12Section 97. 851.51 (3) of the statutes is repealed.
AB645-ASA1, s. 98 13Section 98. 851.55 of the statutes is repealed and recreated to read:
AB645-ASA1,22,16 14851.55 Simultaneous death. The transfer of or title to property that depends
15upon priority of death with respect to 2 or more persons who die simultaneously is
16governed by s. 854.03.
AB645-ASA1, s. 99 17Section 99. 852.01 (1) (intro.) of the statutes is amended to read:
AB645-ASA1,22,2218 852.01 (1) Who are heirs. (intro.) The Except as modified by the decedent's
19will under s. 852.10 (1), any part of the
net estate of a decedent which the decedent
20has
that is not disposed of by will, whether the decedent dies without a will, or with
21a will which does not completely dispose of the decedent's estate,
passes to the
22decedent's surviving heirs as follows:
AB645-ASA1, s. 100 23Section 100. 852.01 (1) (a) 2. of the statutes is amended to read:
AB645-ASA1,23,3
1852.01 (1) (a) 2. If there are surviving issue one or more of whom are not issue
2of the surviving spouse, one-half of that portion of the decedent's net estate not
3disposed of by will consisting of
decedent's property other than marital property.
AB645-ASA1, s. 101 4Section 101. 852.01 (1) (b) and (d) of the statutes are amended to read:
AB645-ASA1,23,95 852.01 (1) (b) To the issue, the share of the estate not passing to the spouse
6under par. (a), or the entire estate if there is no surviving spouse ; if the issue are all
7in the same degree of kinship to the decedent they take equally, but if they are of
8unequal degree then
. If there are issue other than children, those of more remote
9degrees take by representation per stirpes.
AB645-ASA1,23,1110 (d) If there is no surviving spouse, issue or parent, to the brothers and sisters
11and the issue of any deceased brother or sister by representation per stirpes.
AB645-ASA1, s. 102 12Section 102. 852.01 (1) (e) of the statutes is repealed.
AB645-ASA1, s. 103 13Section 103. 852.01 (1) (f) of the statutes is renumbered 852.01 (1) (f) (intro.)
14and amended to read:
AB645-ASA1,23,1615 852.01 (1) (f) (intro.) If there is no surviving spouse, issue, parent or issue of
16a parent, to the grandparents and their issue as follows:
AB645-ASA1, s. 104 17Section 104. 852.01 (1) (f) 1. of the statutes is created to read:
AB645-ASA1,23,2018 852.01 (1) (f) 1. One-half to the maternal grandparents equally if both survive,
19or to the surviving maternal grandparent; if both maternal grandparents are
20deceased, to the issue of the maternal grandparents or either of them, per stirpes.
AB645-ASA1, s. 105 21Section 105. 852.01 (1) (f) 2. of the statutes is created to read:
AB645-ASA1,23,2322 852.01 (1) (f) 2. One-half to the paternal relations in the same manner as to
23the maternal relations under subd. 1.
AB645-ASA1, s. 106 24Section 106. 852.01 (1) (f) 3. of the statutes is created to read:
AB645-ASA1,24,3
1852.01 (1) (f) 3. If either the maternal side or the paternal side has no surviving
2grandparent or issue of a grandparent, the entire estate to the decedent's relatives
3on the other side.
AB645-ASA1, s. 107 4Section 107. 852.01 (1) (g) of the statutes is repealed.
AB645-ASA1, s. 108 5Section 108. 852.01 (2) of the statutes is repealed and recreated to read:
AB645-ASA1,24,76 852.01 (2) Survivorship requirement. Survivorship under sub. (1) is
7determined as provided in s. 854.03.
AB645-ASA1, s. 109 8Section 109. 852.01 (2m) of the statutes is repealed and recreated to read:
AB645-ASA1,24,109 852.01 (2m) Heir who kills decedent. If a person under sub. (1) killed the
10decedent, the inheritance rights of that person are governed by s. 854.14.
AB645-ASA1, s. 110 11Section 110. 852.03 (1) of the statutes is repealed and recreated to read:
AB645-ASA1,24,1312 852.03 (1) Per stirpes. If per stirpes distribution is called for under s. 852.01
13(1) (b), (d) or (f), the rules under s. 854.04 apply.
AB645-ASA1, s. 111 14Section 111. 852.03 (2) of the statutes is repealed.
AB645-ASA1, s. 112 15Section 112. 852.03 (3) of the statutes is repealed and recreated to read:
AB645-ASA1,24,1716 852.03 (3) Relatives of the half blood. Inheritance rights of relatives of the
17half blood are governed by s. 854.21 (4).
AB645-ASA1, s. 113 18Section 113. 852.03 (4) of the statutes is repealed and recreated to read:
AB645-ASA1,24,2019 852.03 (4) Posthumous heirs. Inheritance rights of a person specified in s.
20852.01 (1) who was born after the death of the decedent are governed by s. 854.21 (5).
AB645-ASA1, s. 114 21Section 114. 852.03 (5) and (6) of the statutes are created to read:
AB645-ASA1,24,2322 852.03 (5) Related through 2 lines. Inheritance rights of a person who is
23related to the decedent through 2 lines of relationship are governed by s. 854.21 (6).
AB645-ASA1,25,2 24(6) Taking through or by alien. No person is disqualified from taking as an
25heir because the person or a person through whom he or she claims is not or at some

1time was not a U.S. citizen. The rights of an alien to acquire or hold land in the state
2are governed by ss. 710.01 to 710.03.
AB645-ASA1, s. 115 3Section 115. 852.05 (1) of the statutes is renumbered 852.05 (1) (intro.) and
4amended to read:
AB645-ASA1,25,75 852.05 (1) (intro.) A nonmarital child or the child's issue is entitled to take in
6the same manner as a marital child by intestate succession from and through his or
7her mother, and from and through his or her father if the any of the following applies:
AB645-ASA1,25,10 8(a) The father has either been adjudicated to be the father in a paternity
9proceeding under ch. 767, or by final order or judgment of a court of competent
10jurisdiction in another state.
AB645-ASA1,25,11 11(b) The father has admitted in open court that he is the father, or.
AB645-ASA1,25,13 12(c) The father has acknowledged himself to be the father in writing signed by
13him.
AB645-ASA1, s. 116 14Section 116. 852.05 (2) of the statutes is amended to read:
AB645-ASA1,25,1815 852.05 (2) Property of a nonmarital child passes in accordance with s. 852.01
16except that the father or the father's kindred can inherit only if the father has been
17adjudicated to be the father in a paternity proceeding under ch. 767 or by final order
18or judgment of a court of competent jurisdiction in another state
.
AB645-ASA1, s. 117 19Section 117. 852.05 (3) of the statutes is amended to read:
AB645-ASA1,25,2220 852.05 (3) This section does not apply to a child who becomes a marital child
21by the subsequent marriage of the child's parents under s. 767.60. The status of a
22nonmarital child who is legally adopted is governed by s. 851.51 854.20.
AB645-ASA1, s. 118 23Section 118. 852.05 (4) of the statutes is created to read:
AB645-ASA1,25,2424 852.05 (4) Section 895.01 (1) applies to paternity proceedings under ch. 767.
AB645-ASA1, s. 119 25Section 119. 852.09 of the statutes is repealed and recreated to read:
AB645-ASA1,26,3
1852.09 Assignment of home to surviving spouse. If the intestate estate
2includes an interest in a home, assignment of that interest to the surviving spouse
3is governed by s. 861.21.
AB645-ASA1, s. 120 4Section 120. 852.10 of the statutes is created to read:
AB645-ASA1,26,7 5852.10 Disinheritance from intestate share. (1) A decedent's will may
6exclude or limit the right of an individual or class to succeed to property passing by
7intestate succession.
AB645-ASA1,26,10 8(2) The share of the intestate estate that would have passed to the individual
9or class described in sub. (1) passes as if the individual or each member of the class
10had disclaimed his or her intestate share under s. 854.13.
AB645-ASA1,26,12 11(3) This section does not apply if the individual or all members of the class
12described in sub. (1) predecease the testator.
AB645-ASA1, s. 121 13Section 121. 852.11 of the statutes is repealed and recreated to read:
AB645-ASA1,26,15 14852.11 Advancement. The effect of a lifetime gift by the decedent on the
15intestate share of an heir is governed by s. 854.09.
AB645-ASA1, s. 122 16Section 122. 852.12 of the statutes is created to read:
AB645-ASA1,26,21 17852.12 Debts to decedent. If an heir owes a debt to the decedent, the debt
18shall be charged against the intestate share of the debtor, regardless of whether the
19debt has been discharged in bankruptcy. If the debtor fails to survive the decedent,
20the debt shall not be taken into account in computing the intestate shares of the
21debtor's issue.
AB645-ASA1, s. 123 22Section 123. 852.13 of the statutes is amended to read:
AB645-ASA1,26,25 23852.13 Right to disclaim intestate share. Any person to whom property
24would otherwise pass under s. 852.01 may disclaim all or part of the property as
25provided under s. 853.40 854.13.
AB645-ASA1, s. 124
1Section 124. Subchapter I (title) of chapter 853 [precedes 853.01] of the
2statutes is created to read:
AB645-ASA1,27,33 Chapter 853
AB645-ASA1,27,54 Subchapter I
5 General rules
AB645-ASA1, s. 125 6Section 125. 853.03 (intro.) of the statutes is amended to read:
AB645-ASA1,27,8 7853.03 Execution of wills. (intro.) Every will in order to be validly executed
8must be in writing and executed with all of the following formalities:
AB645-ASA1, s. 126 9Section 126. 853.03 (1) of the statutes is amended to read:
AB645-ASA1,27,1410 853.03 (1) It must be signed by the testator, by the testator with the assistance
11of another person with the testator's consent
or in the testator's name by one of the
12witnesses or some other
another person at the testator's express direction and in the
13testator's conscious presence, such a proxy signing either to take place or to be
14acknowledged by the testator in the presence of the witnesses; and
.
AB645-ASA1, s. 127 15Section 127 . 853.03 (2) of the statutes is renumbered 853.03 (2) (intro.) and
16amended to read:
AB645-ASA1,27,1917 853.03 (2) (intro.) It must be signed by 2 or more witnesses in the presence of
18the testator and in the presence of each other.
, each of whom signed within a
19reasonable time after witnessing any of the following:
AB645-ASA1, s. 128 20Section 128. 853.03 (2) (a), (b) and (c) of the statutes are created to read:
AB645-ASA1,27,2121 853.03 (2) (a) The signing of the will as provided under sub. (1).
AB645-ASA1,27,2322 (b) The testator's implicit or explicit acknowledgement of the testator's
23signature on the will, within the conscious presence of each of the witnesses.
AB645-ASA1,27,2524 (c) The testator's implicit or explicit acknowledgement of the will, within the
25conscious presence of each of the witnesses.
AB645-ASA1, s. 129
1Section 129. 853.04 of the statutes is created to read:
AB645-ASA1,28,7 2853.04 Self-proved will. (1) One-step procedure. A will may be
3simultaneously executed, attested and made self-proved by the affidavit of the
4testator and witnesses. The affidavit must be made before an officer authorized to
5administer oaths under the laws of the state in which execution occurs and must be
6evidenced by the officer's certificate, under official seal, in substantially the following
7form:
AB645-ASA1,28,98 (a) I, ...., the testator, sign my name to this instrument this .... day of ...., and
9being first duly sworn, declare to the undersigned authority all of the following:
AB645-ASA1,28,1010 1. I execute this instrument as my will.
AB645-ASA1,28,1111 2. I sign this will willingly, or willingly direct another to sign for me.
AB645-ASA1,28,1312 3. I execute this will as my free and voluntary act for the purposes expressed
13therein.
AB645-ASA1,28,1514 4. I am 18 years of age or older, of sound mind and under no constraint or undue
15influence.
AB645-ASA1,28,1616 Testator: ....
AB645-ASA1,28,1817 (b) We, ...., ...., the witnesses, being first duly sworn, sign our names to this
18instrument and declare to the undersigned authority all of the following:
AB645-ASA1,28,1919 1. The testator executes this instrument as his or her will.
AB645-ASA1,28,2120 2. The testator signs it willingly, or willingly directs another to sign for him or
21her.
AB645-ASA1,28,2322 3. Each of us, in the conscious presence of the testator, signs this will as a
23witness.
AB645-ASA1,28,2524 4. To the best of our knowledge, the testator is 18 years of age or older, of sound
25mind and under no constraint or undue influence.
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