Wisconsin Statutes
Wis. Stat. § 852.05 (2026)
Status of child born to unmarried parents for purposes of intestate succession
✓ current as of July 2026
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852.05(1)(1) A child born to unmarried parents, or the child’s issue, is treated in the same manner as a child, or the issue of a child, born to married parents with respect to intestate succession from and through the child’s mother, and from and through the child’s father if any of the following applies:
852.05(1)(a)(a) The father has been adjudicated to be the father in a paternity proceeding under ch. 767 or by final order or judgment of a court of competent jurisdiction in another state.
852.05(2)(2) Property of a child born to unmarried parents passes in accordance with s. 852.01 except that the father or the father’s kindred can inherit only if the father has been adjudicated to be the father in a paternity proceeding under ch. 767 or by final order or judgment of a court of competent jurisdiction in another state or has been determined to be the father under s. 767.804 or 767.805 or a substantially similar law of another state.
852.05(3)(a)(a) This section does not apply to a child who becomes a marital child by the subsequent marriage of the child’s parents under s. 767.803.
852.05(3)(b)(b) The status of a child born to unmarried parents who is legally adopted is governed by s. 854.20.
852.05 HistoryHistory: 1979 c. 32 s. 92 (2); 1979 c. 352; 1981 c. 391; 1983 a. 447; 1993 a. 486; 1997 a. 188, 191; 2005 a. 216; 2005 a. 443 s. 265; 2019 a. 95.
852.05 AnnotationAlthough a paternity proceeding may not be maintained posthumously, sub. (1) does not deny equal protection or due process to posthumous nonmarital children. In re Estate of Blumreich, 84 Wis. 2d 545, 267 N.W.2d 870 (1978).
852.05 AnnotationThe court properly looked to extrinsic evidence to determine whether a signed letter constituted a reasonably clear and certain acknowledgment of paternity. C.R. v. American Standard Ins. Co., 113 Wis. 2d 12, 334 N.W.2d 121 (Ct. App. 1983).
852.05 AnnotationOne claiming to be a nonmarital child under sub. (1) must first prove that status and overcome any presumption of paternity in effect. In Matter of Estate of Schneider, 150 Wis. 2d 286, 441 N.W.2d 335 (Ct. App. 1989).
852.05 AnnotationSection 893.88, limiting only an action for the establishment of paternity, does not preclude a motion for the purpose of determining paternity in a probate proceeding. DiBenedetto v. Jaskolski, 2003 WI App 70, 261 Wis. 2d 723, 661 N.W.2d 869, 01-2189.
Notes of Decisions
Cited in 16
cases (1 in the last 5 years), 1974–2021 · leading case: Caldwell Ex Rel. Eberlein v. Kaquatosh, 267 N.W.2d 870 (Wis. 1978).
Caldwell Ex Rel. Eberlein v. Kaquatosh, 267 N.W.2d 870 (Wis. 1978). “1967, the precursor of sec. 852.05, Stats. 1975. The child in Krantz conceded that he could not satisfy the statutory requirements, and this court therefore held that he could not maintain an action for wrongful death.”
DiBenedetto v. Jaskolski, 2003 WI App 70 (Wis. Ct. App. 2003). “The circuit court also concluded that FBT's nonmarital paternity had not been established by any other means under Wis. Stat. § 852.05 . And finally, the court, commenting that the personal representative *738 had not "waver[ed] from her duty to protect the estate from invalid…”
C. R. Ex Rel. Herrick v. Am. Stand. Ins., 333 N.W.2d 121 (Wis. Ct. App. 1983). “Section 852.05 (1), Stats., 1 provides: A child who is not legitimate or the child’s issue is entitled to take in the same manner as a legitimate child by intestate succession from and through his or her mother, and from and through his or her father if the father has either…”
Le Fevre Ex Rel. Grapentin v. Schrieber, 482 N.W.2d 904 (Wis. 1992). “767, or has admitted in open court that he is the father, or has acknowledged himself to be the father in writing signed by him.”
In Matter of Est. of Schneider, 441 N.W.2d 335 (Wis. Ct. App. 1989). “We hold that before David may enjoy the benefit of sec. 852.05, Stats., he must first show that the man to whom his mother was married at the time of conception or birth is not his biological father.”
Schaefer v. Heckler, 792 F.2d 81 (7th Cir. 1986). “At the time of Kroll’s death, the Wisconsin statute regulating intestate succession for illegitimate children provided: An illegitimate child or his issue is entitled to take in the same manner as a legitimate child by intestate succession from and through (a) his mother, and…”
J.M.S. Ex Rel. Webb v. Benson, 283 N.W.2d 465 (Wis. Ct. App. 1979). “Section 852.05(1), Stats., provides that an illegitimate child may take by intestate succession from *537 his father’s estate if paternity has been adjudicated under secs.”
In Re the Est. of Erbe, 457 N.W.2d 867 (S.D. 1990). “Facing an issue similar to that which presented itself before Lalli , the Wisconsin Court found Wisconsin's intestacy statute constitutional: *870 "Applying these principles to the instant case, we conclude that sec. 852.05(1), Stats., constitutes a `carefully tuned' statute…”
J. M. S. Ex Rel. Webb v. Benson, 297 N.W.2d 18 (Wis. 1980). “The plaintiff is asking this court to create a legal hybrid which would allow illegitimate children to bring and maintain paternity actions independent of their mother or the district attorney, notwithstanding the fact that the legislature has spoken on the question of paternity…”
Eskra v. Morton, 380 F. Supp. 205 (W.D. Wis. 1974). “06 (1969) was replaced by Wis.Stat. § 852.05 (1971). The new statute allows an illegitimate child “to take in the same manner as a legitimate child by intestate succession from and through his mother.”
Robinson Ex Rel. Coe v. Kolstad, 267 N.W.2d 886 (Wis. 1978). “Estate of Blumreich, supra, also presented the question of whether the Wisconsin Wrongful Death Act and sec. 852.05(1), Stats., deny equal protection or due process of law.”
Bennemon ex rel. Williams v. Sullivan, 914 F.2d 987 (7th Cir. 1990). “Wis.Stat.Ann. § 852.05(1). The requirement of following a specific state-law procedure, as opposed to merely satisfying a substantive criterion of state law, makes unavailable the simple and direct route— administrative determination, by the Social Security Administration…”
— Wis. Stat. § 852.05(1) — 10 cases
Caldwell Ex Rel. Eberlein v. Kaquatosh, 267 N.W.2d 870 (Wis. 1978). “1967, the precursor of sec. 852.05, Stats. 1975. The child in Krantz conceded that he could not satisfy the statutory requirements, and this court therefore held that he could not maintain an action for wrongful death.”
Le Fevre Ex Rel. Grapentin v. Schrieber, 482 N.W.2d 904 (Wis. 1992). “767, or has admitted in open court that he is the father, or has acknowledged himself to be the father in writing signed by him.”
Schaefer v. Heckler, 792 F.2d 81 (7th Cir. 1986). “At the time of Kroll’s death, the Wisconsin statute regulating intestate succession for illegitimate children provided: An illegitimate child or his issue is entitled to take in the same manner as a legitimate child by intestate succession from and through (a) his mother, and…”
C. R. Ex Rel. Herrick v. Am. Stand. Ins., 333 N.W.2d 121 (Wis. Ct. App. 1983). “Section 852.05 (1), Stats., 1 provides: A child who is not legitimate or the child’s issue is entitled to take in the same manner as a legitimate child by intestate succession from and through his or her mother, and from and through his or her father if the father has either…”
J.M.S. Ex Rel. Webb v. Benson, 283 N.W.2d 465 (Wis. Ct. App. 1979). “Section 852.05(1), Stats., provides that an illegitimate child may take by intestate succession from *537 his father’s estate if paternity has been adjudicated under secs.”
— Wis. Stat. § 852.05(2) — 1 case
DiBenedetto v. Jaskolski, 2003 WI App 70 (Wis. Ct. App. 2003). “The circuit court also concluded that FBT's nonmarital paternity had not been established by any other means under Wis. Stat. § 852.05 . And finally, the court, commenting that the personal representative *738 had not "waver[ed] from her duty to protect the estate from invalid…”
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