AB645-ASA1, s. 80 12Section 80. 767.266 (2) of the statutes is created to read:
AB645-ASA1,18,1713 767.266 (2) Revocation of revocable transfers at death. Unless sub. (1)
14applies, revocation of revocable transfers at death by a former spouse to the other
15former spouse, or to relatives of the other former spouse, under an instrument
16executed before the judgment of annulment, divorce or legal separation is governed
17by s. 854.15.
AB645-ASA1, s. 81 18Section 81. 815.56 of the statutes is amended to read:
AB645-ASA1,18,25 19815.56 Sheriff's deed; grantee if purchaser dead. In case the person who
20would be entitled to a deed of real estate sold on execution dies before the delivery
21of that deed the sheriff shall execute a deed to the person's executors or
22administrators. The real estate so conveyed shall be held in trust for the use of the
23heirs or devisees of the deceased person, subject to the surviving spouse's right to
24elect under ss. s. 861.02 (1) and 861.03, but may be sold for the payment of debts in
25the same manner as lands of which the person died seized.
AB645-ASA1, s. 82
1Section 82. 851.001 of the statutes is repealed.
AB645-ASA1, s. 83 2Section 83. Subchapter I (title) of chapter 851 [precedes 851.002] of the
3statutes is created to read:
AB645-ASA1,19,44 Chapter 851
AB645-ASA1,19,65 Subchapter I
6 Definitions
AB645-ASA1, s. 84 7Section 84. 851.002 of the statutes is amended to read:
AB645-ASA1,19,9 8851.002 Definitions. The definitions in ss. 851.01 to 851.29 851.31 apply to
9chs. 851 to 882.
AB645-ASA1, s. 85 10Section 85. 851.035 of the statutes is created to read:
AB645-ASA1,19,12 11851.035 Conscious presence. "Conscious presence" means within the range
12of any of a person's senses.
AB645-ASA1, s. 86 13Section 86. 851.055 of the statutes is repealed and recreated to read:
AB645-ASA1,19,15 14851.055 Deferred marital property. "Deferred marital property" means any
15property that satisfies all of the following:
AB645-ASA1,19,16 16(1) Is not classified by ch. 766.
AB645-ASA1,19,17 17(2) Was acquired while the spouses were married.
AB645-ASA1,19,19 18(3) Would have been classified as marital property under ch. 766 if the property
19had been acquired when ch. 766 applied.
AB645-ASA1, s. 87 20Section 87. 851.065 of the statutes is created to read:
AB645-ASA1,19,23 21851.065 Devise. "Devise", when used as a noun, means a testamentary
22disposition of any real or personal property by will. "Devise", when used as a verb,
23means to dispose of any real or personal property by will.
AB645-ASA1, s. 88 24Section 88. 851.13 of the statutes is amended to read:
AB645-ASA1,20,4
1851.13 Issue. "Issue" means children, grandchildren, great-grandchildren,
2and lineal descendants of more remote degrees, including those who occupy that
3relation by reason of adoption under s. 851.51 854.20 and nonmarital children and
4their lineal descendants to the extent provided by s. 852.05.
AB645-ASA1, s. 89 5Section 89. 851.27 of the statutes is amended to read:
AB645-ASA1,20,9 6851.27 Property. "Property" means any interest, legal or equitable, in real or
7personal property, without distinction as to kind, including money, rights of a
8beneficiary under a contractual arrangement, chooses in action and anything else
9that may be the subject of ownership
.
AB645-ASA1, s. 90 10Section 90. 851.30 of the statutes is created to read:
AB645-ASA1,20,12 11851.30 Surviving spouse. (1) Subject to sub. (2), "surviving spouse" means
12a person who was married to the decedent at the time of the decedent's death.
AB645-ASA1,20,13 13(2) "Surviving spouse" does not include any of the following:
AB645-ASA1,20,1814 (a) An individual who obtains or consents to a final decree or judgment of
15divorce from the decedent or an annulment of their marriage, if the decree or
16judgment is not recognized as valid in this state, unless they subsequently
17participate in a marriage ceremony purporting to marry each other or they
18subsequently hold themselves out as husband and wife.
AB645-ASA1,20,2119 (b) An individual who, following an invalid decree or judgment of divorce or
20annulment obtained by the decedent, participates in a marriage ceremony with a 3rd
21individual.
AB645-ASA1,20,2322 (c) An individual who was party to a valid proceeding concluded by an order
23purporting to terminate all property rights based on the marriage.
AB645-ASA1, s. 91 24Section 91. 851.31 of the statutes is created to read:
AB645-ASA1,21,4
1851.31 Will. "Will" includes a codicil and any document incorporated by
2reference in a testamentary document under s. 853.32 (1) or (2). "Will" does not
3include a copy, unless the copy has been proven as a will under s. 856.17, but "will"
4does include a properly executed duplicate original.
AB645-ASA1, s. 92 5Section 92. 851.35 of the statutes is renumbered 854.17.
AB645-ASA1, s. 93 6Section 93. Subchapter II (title) of chapter 851 [precedes 851.40] of the
7statutes is created to read:
AB645-ASA1,21,88 Chapter 851
AB645-ASA1,21,109 Subchapter II
10 General probate provisions
AB645-ASA1, s. 94 11Section 94. 851.50 of the statutes is created to read:
AB645-ASA1,21,14 12851.50 Status of adopted persons. The status of adopted persons for
13purposes of inheritance and transfers under wills or other governing instruments,
14as defined in s. 854.01, is governed by ss. 854.20 and 854.21.
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:
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