Wisconsin Statutes

Wis. Stat. § 852.13 (2026)

Right to disclaim intestate share

✓ current as of July 2026

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852.13852.13 Right to disclaim intestate share. Any person to whom property would otherwise pass under s. 852.01 may disclaim all or part of the property as provided under s. 854.13.

852.13 HistoryHistory: 1973 c. 233; 1977 c. 309; 1997 a. 188.

Notes of Decisions

Cited in 3 cases, 2010–2012 · leading case: Bowen v. Am. Fam. Ins., 2012 WI App 29 (Wis. Ct. App. 2012).

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Bowen v. Am. Fam. Ins., 2012 WI App 29 (Wis. Ct. App. 2012). · cites it 6× “" Wisconsin Stat. § 854.13(2)(a)2., in turn, states that a person who is a beneficiary under a governing instrument may disclaim property by delivering a written instrument of disclaimer.”

Day v. Allstate Indem. Co., 2010 WI App 72 (Wis. Ct. App. 2010). · cites it 2× “Clinton could disclaim his right to property passing under the intestacy statute, see Wis. Stat. § 852.13 , and we assume, without deciding, that he could also waive his right to recover for Emma's wrongful death.”

Day v. Allstate Indem. Co., 2010 WI App 72 (Wis. Ct. App. 2010). “§ 852.13, and we assume, without deciding, that he could also waive his right to recover for Emma's wrongful death.”

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