Uniform Probate Code Revisions

Effective May 12, 1998, 1997 Wisconsin Act 188 amends and creates several sections of the Wisconsin statutes relating to probate law. The new Wisconsin probate laws were taken in part from the 1990 Uniform Probate Code (UPC), although the Wisconsin code departs from the UPC in several significant respects. The effects of the new probate laws are intended to help in carrying out the intent of the transferor to provide uniformity, and to address the issues raised by the diversity of modern family structures. The law also creates chapter 854 of the Wisconsin code, which creates default rules to be applied to any transfers resulting from a death. Because of the vast number of revisions made to Wisconsin probate law, attorneys who practice estate planning should carefully review these new and significant changes.

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