AB75-SSA1, s. 3244 Section 3244. 851.08 of the statutes is created to read:

AB75-SSA1,1654,15 851.08 Domestic partner. "Domestic partner" has the meaning given in s. 770.01 (1) and "domestic partnership" has the meaning given in s. 770.01 (2).

AB75-SSA1, s. 3245 Section 3245. 851.17 of the statutes is amended to read:

AB75-SSA1,1654,22 851.17 Net estate. "Net estate" means all property subject to administration less the property selected by the surviving spouse or surviving domestic partner under s. 861.33, the allowances made by the court under ss. 861.31, 861.35 and 861.41 except as those allowances are charged by the court against the intestate share of the recipient, administration, funeral and burial expenses, the amount of claims paid and federal and state estate taxes payable out of such property.

AB75-SSA1, s. 3246 Section 3246. 851.295 of the statutes is created to read:

AB75-SSA1,1655,3 851.295 Surviving domestic partner. "Surviving domestic partner" means a person who was in a domestic partnership under ch. 770 with the decedent, at the time of the decedent's death.

AB75-SSA1, s. 3247 Section 3247. 852.01 (1) (a) (intro.), 1. and 2. (intro.) and b., (b), (c), (d) and (f) (intro.) of the statutes are amended to read:

AB75-SSA1,1655,6 852.01 (1) (a) (intro.) To the spouse or domestic partner:

AB75-SSA1,1655,9 1. If there are no surviving issue of the decedent, or if the surviving issue are all issue of the surviving spouse or surviving domestic partner and the decedent, the entire estate.

AB75-SSA1,1655,12 2. (intro.) If there are surviving issue one or more of whom are not issue of the surviving spouse or surviving domestic partner, one-half of decedent's property other than the following property:

AB75-SSA1,1655,14 b. The decedent's interest in property held equally and exclusively with the surviving spouse or surviving domestic partner as tenants in common.

AB75-SSA1,1655,17 (b) To the issue, per stirpes, the share of the estate not passing to the spouse or surviving domestic partner, under par. (a), or the entire estate if there is no surviving spouse or surviving domestic partner.

AB75-SSA1,1655,19 (c) If there is no surviving spouse, surviving domestic partner, or issue, to the parents.

AB75-SSA1,1655,21 (d) If there is no surviving spouse, surviving domestic partner, issue, or parent, to the brothers and sisters and the issue of any deceased brother or sister per stirpes.

AB75-SSA1,1655,23 (f) (intro.) If there is no surviving spouse, surviving domestic partner, issue, parent, or issue of a parent, to the grandparents and their issue as follows:

AB75-SSA1, s. 3248 Section 3248. 852.09 of the statutes is amended to read:

AB75-SSA1,1656,4 852.09 Assignment of home to surviving spouse or surviving domestic partner. If the intestate estate includes an interest in a home, assignment of that interest to the surviving spouse or surviving domestic partner is governed by s. 861.21.

AB75-SSA1, s. 3249 Section 3249. 853.11 (2m) and (3) of the statutes are amended to read:

AB75-SSA1,1656,9 853.11 (2m) Premarital or predomestic partnership will. Entitlements of a surviving spouse or surviving domestic partner under a decedent's will that was executed before marriage to the surviving spouse or before recording of the domestic partnership under ch. 770 are governed by s. 853.12.

AB75-SSA1,1656,11 (3) Transfer to former spouse or former domestic partner. A transfer under a will to a former spouse or former domestic partner is governed by s. 854.15.

AB75-SSA1, s. 3250 Section 3250. 853.12 (title) of the statutes is amended to read:

AB75-SSA1,1656,13 853.12 (title) Premarital will or predomestic partnership will.

AB75-SSA1, s. 3251 Section 3251. 853.12 (1), (2) (intro.) and (a), (3) (a) and (b) and (4) (a) of the statutes are amended to read:

AB75-SSA1,1656,20 853.12 (1) Entitlement of surviving spouse or surviving domestic partner. Subject to sub. (3), if the testator married the surviving spouse or recorded a domestic partnership under ch. 770 with the surviving domestic partner after the testator executed his or her will, the surviving spouse or surviving domestic partner is entitled to a share of the probate estate.

AB75-SSA1,1656,25 (2) Value of share. (intro.) The value of the share under sub. (1) is the value of the share that the surviving spouse or surviving domestic partner would have received had the testator died with an intestate estate equal to the value of the testator's net estate, but the value of the net estate shall first be reduced by the value of all of the following:

AB75-SSA1,1657,4 (a) All devises to or for the benefit of the testator's children who were born before the marriage to the surviving spouse or the domestic partnership with the surviving domestic partner and who are not also the children of the surviving spouse or surviving domestic partner.

AB75-SSA1,1657,7 (3) (a) It appears from the will or other evidence that the will was made in contemplation of the testator's marriage to the surviving spouse or domestic partnership with the surviving domestic partner.

AB75-SSA1,1657,11 (b) It appears from the will or other evidence that the will is intended to be effective notwithstanding any subsequent marriage or domestic partnership, or there is sufficient evidence that the testator considered revising the will after marriage or domestic partnership but decided not to.

AB75-SSA1,1657,13 (4) (a) Amounts received by the surviving spouse under s. 861.02 and devises made by will to the surviving spouse or surviving domestic partner are applied first.