Wisconsin Statutes
Wis. Stat. § 851.09 (2026)
Heir
✓ current as of July 2026
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851.09851.09 Heir. “Heir” means any person, including the surviving spouse, who is entitled under the statutes of intestate succession to an interest in property of a decedent. The state is an heir of the decedent and a person interested under s. 45.51 (10) and (11) when the decedent was a member of a Wisconsin veterans home operated by the department of veterans affairs under s. 45.50 at the time of the decedent’s death.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 1993–2026 · leading case: In Matter of Est. of Lohr, 497 N.W.2d 730 (Wis. Ct. App. 1993).
In Matter of Est. of Lohr, 497 N.W.2d 730 (Wis. Ct. App. 1993). “However, the term "heir" is defined in sec. 851.09, Stats., as "any person .. . who is entitled under the statutes of intestate succession to an interest in property of a decedent.”
State Ex Rel. Reise v. Morlen, 2002 WI App 83 (Wis. Ct. App. 2002). “Kathleen Haskell Reise (Reise), who describes herself as the general guardian 1 of Kurt W Reise, an heir of Melvin Reise, see Wis. Stat. § 851.09 (1999-2000), 2 by counsel, asks this court to exercise its supervisory jurisdiction over Kay Morlen, the Register in Probate for…”
Amy Cady-Krech v. Kimberly A. Mitchell (Wis. Ct. App. 2021). “Subsection (1) of that statute, entitled “Who are heirs,” provides that in the absence of a surviving spouse or domestic partner, any part of the decedent’s net estate that is not disposed of by will passes “[t]o the issue, per stirpes.”
Douglas Cnty. v. N. J. M. (Wis. Ct. App. 2026). “§ 851.09. This definition includes a parent.”
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