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State rules · Wisconsin

Wisconsin: estate, probate and Medicaid rules in one place

What applies in Wisconsin, collected from the site’s state datasets: estate and inheritance tax, transfer-on-death deeds, small-estate procedure, Medicaid long-term-care rules, and state income tax on retirement income. Where the dataset holds a source, the entry links it with its effective marker and check date; where it does not, the entry shows its verification status and the reason.

Quick answers

Does Wisconsin have a state estate tax?

State estate tax: No. The pinned estate-tax dataset (2026.v2) has no row for Wisconsin, so it cites no state statute; the state page records no state estate or inheritance tax.

Does Wisconsin have an inheritance tax?

Inheritance tax: No. The pinned estate-tax dataset (2026.v2) has no row for Wisconsin, so it cites no state statute; the state page records no state estate or inheritance tax.

Can you use a transfer-on-death deed in Wisconsin?

Transfer-on-death deed for real estate: Available — Transfer-on-death deed (Wis. Stat. § 705.15 — Nonprobate transfer of real property on death; created 2005).

What is the Medicaid look-back period in Wisconsin?

Look-back period: 60 months (Wisconsin Medicaid Eligibility Handbook P-10030; Release 26-03: release date August 11, 2026; effective date August 12, 2026).

Does Wisconsin tax Social Security benefits?

Social Security benefits: Exempt (2025 Wisconsin Schedule SB Instructions; tax year 2025).

State estate tax

Estate-tax dataset 2026.v2

State estate tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for Wisconsin, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 20, 2026

Inheritance tax

Estate-tax dataset 2026.v2

Inheritance tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for Wisconsin, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 20, 2026

Transfer-on-death deed

Transfer-on-death deed for real estate
Available — Transfer-on-death deedVerified

Source: Wis. Stat. § 705.15 — Nonprobate transfer of real property on death · Effective: created 2005 · Checked July 26, 2026

Controlling statute
Wis. Stat. § 705.15Verified

Source: Wis. Stat. § 705.15 — Nonprobate transfer of real property on death · Effective: created 2005 · Checked July 26, 2026

Small-estate procedure

Current rule
$50,000 gross property subject to administration; transfer by affidavitVerified

Source: Wis. Stat. § 867.03 · Effective: current · Checked August 23, 2026

Medicaid long-term-care eligibility

Medicaid dataset 2026.v16

Community-waiver income limit
$2,982 per monthVerified
  • Applies to: single applicant.

Source: Wisconsin DHS Medicaid Waiver Program fact sheet P-10059 · Effective: Form revised January 2026; figures effective January 1, 2026 · Checked September 5, 2026

Institutional applicant asset limit
$2,000Verified
  • Applies to: single applicant or institutionalized spouse after spousal allocation.

Source: Wisconsin DHS Spousal Impoverishment · Also: Wisconsin Medicaid Eligibility Handbook P-10030 · Effective: 2026 figures effective January 1, 2026 · Checked September 5, 2026

Community-spouse resource allowance
$50,000 minimum protected amount to $162,660 maximum under the stated asset bandsVerified
  • Applies to: community spouse retains $50,000 when combined assets are $100,000 or less; one-half between $100,000 and $325,320; maximum at or above $325,320.

Source: Wisconsin DHS Spousal Impoverishment · Also: Wisconsin Medicaid Eligibility Handbook P-10030 · Effective: 2026 figures effective January 1, 2026 · Checked September 5, 2026

Maximum community-spouse monthly maintenance-needs allowance
$4,066.50 per monthVerified
  • Applies to: institutionalized applicant with a community spouse.

Source: Wisconsin DHS Spousal Impoverishment · Also: Wisconsin Medicaid Eligibility Handbook P-10030 · Effective: 2026 figures effective January 1, 2026 · Checked September 5, 2026

Basic community-spouse monthly maintenance-needs allowance
$3,606.66 per month before any allowable excess-shelter additionVerified
  • Applies to: institutionalized applicant with a community spouse.

Source: Wisconsin DHS Spousal Impoverishment Protection fact sheet P-10063 · Effective: Figures effective January 1 and July 1, 2026 · Checked September 5, 2026

Home-equity limit
$752,000Verified
  • Applies to: applicant subject to Wisconsin's substantial-home-equity rule.

Source: Wisconsin Medicaid Eligibility Handbook P-10030, pages 473-474 · Effective: Release 26-03, pages 473-474: cited 2026 standards effective January 1, 2026 · Checked September 5, 2026

Medicaid look-back

Medicaid dataset 2026.v16

Look-back period
60 monthsVerified

Source: Wisconsin Medicaid Eligibility Handbook P-10030 · Effective: Release 26-03: release date August 11, 2026; effective date August 12, 2026 · Checked September 5, 2026

Transfer-penalty divisor
$352.06 per day and $10,708.49 per monthVerified

Source: Wisconsin Medicaid Eligibility Handbook P-10030, pages 473-474 · Effective: Release 26-03, pages 473-474: cited 2026 standards effective January 1, 2026 · Checked September 5, 2026

How the state administers the penalty
Wisconsin evaluates divestments during the 60 months before the relevant application and institutional eligibility point and calculates the penalty with the current daily or monthly nursing-home private-pay rate.Verified

Source: Wisconsin Medicaid Eligibility Handbook P-10030 · Effective: Release 26-03: release date August 11, 2026; effective date August 12, 2026 · Checked September 5, 2026

Medicaid estate recovery

Medicaid dataset 2026.v16

Recovery scope
Recovery reaches probate estates, qualifying small-estate affidavit transfers, and specified nonprobate assets for the benefits and recipients covered by Wisconsin's program.Verified

Source: Wisconsin DHS Estate Recovery Program · Effective: Page revised September 30, 2025 · Checked September 5, 2026

Controlling authority
42 U.S.C. section 1396p and Wisconsin Statutes sections 49.496, 49.682, and 49.849Verified

Source: Wisconsin DHS Estate Recovery Program Handbook P-13032 · Effective: Form P-13032 revised November 2024 · Checked September 5, 2026

Exemptions and deferrals
Recovery is restricted while specified surviving spouses or children are protected and excludes specified American Indian and Alaska Native property and protected long-term-care partnership assets.Verified

Source: Wisconsin DHS Estate Recovery Program Handbook P-13032 · Effective: Form P-13032 revised November 2024 · Checked September 5, 2026

Hardship waiver
Wisconsin may waive recovery when it would preserve eligibility for specified needs-based benefits or when the recovered asset is essential to an heir's livelihood, including a family business or farm.Verified

Source: Wisconsin DHS Estate Recovery Program Handbook P-13032 · Effective: Form P-13032 revised November 2024 · Checked September 5, 2026

Lien practice
Wisconsin may place a lien on the home of a permanently institutionalized member who is not expected to return home, subject to protected-occupant rules, and must release the lien if the member returns home.Verified

Source: Wisconsin DHS Estate Recovery Program Handbook P-13032 · Effective: Form P-13032 revised November 2024 · Checked September 5, 2026

State income tax on retirement income

Retirement-income tax dataset 2026.v4

Social Security benefits
ExemptVerified
  • Wisconsin subtracts Social Security benefits included in federal taxable income.
  • The subtraction equals the federally taxable Social Security amount reported on federal Form 1040 or 1040-SR line 6b.

Source: 2025 Wisconsin Schedule SB Instructions · Effective: tax year 2025 · Checked November 7, 2025

Public pensions
Partly taxed or conditionalVerified
  • Wisconsin generally taxes public pensions to the federal extent, with legacy-plan exemptions and age-based retirement-income subtractions.
  • At age 67 or older, a taxpayer may choose a retirement-income subtraction up to $24,000 per eligible individual, or $48,000 jointly when both spouses qualify.
  • Maximum per eligible individual under the age-67 subtraction.
  • At age 65 or older, a taxpayer may instead subtract up to $5,000 when federal adjusted gross income is below $15,000, or below $30,000 on a joint or separate married return.
  • The age-67 subtraction requires forgoing the listed Wisconsin credits; income already subtracted under another rule cannot be reused.
  • The legacy exemption is limited to specified Wisconsin or Milwaukee public systems or U.S. Civil Service membership begun by December 31, 1963, including qualifying beneficiaries; federal TSP and voluntary tax-sheltered annuity deposits do not qualify for that legacy exemption.

Source: 2025 Wisconsin Schedule SB Instructions · Effective: tax year 2025 · Checked November 7, 2025

Private pensions
Partly taxed or conditionalVerified
  • Wisconsin generally taxes federally taxable private pension income, but eligible older taxpayers may claim one of the retirement-income subtractions.
  • At age 67 or older, a taxpayer may choose a retirement-income subtraction up to $24,000 per eligible individual, or $48,000 jointly when both spouses qualify.
  • Maximum per eligible individual under the age-67 subtraction.
  • At age 65 or older, a taxpayer may instead subtract up to $5,000 when federal adjusted gross income is below $15,000, or below $30,000 on a joint or separate married return.
  • The age-67 subtraction requires forgoing the listed Wisconsin credits; income already subtracted under another rule cannot be reused.
  • Only federally taxable qualified-plan pension or annuity income qualifies; already exempt income cannot be reused.

Source: 2025 Wisconsin Schedule SB Instructions · Effective: tax year 2025 · Checked November 7, 2025

IRA and 401(k) distributions
Partly taxed or conditionalVerified
  • Wisconsin generally taxes federally taxable IRA and 401(k)-type distributions, but eligible older taxpayers may claim one of the retirement-income subtractions.
  • At age 67 or older, a taxpayer may choose a retirement-income subtraction up to $24,000 per eligible individual, or $48,000 jointly when both spouses qualify.
  • Maximum per eligible individual under the age-67 subtraction.
  • At age 65 or older, a taxpayer may instead subtract up to $5,000 when federal adjusted gross income is below $15,000, or below $30,000 on a joint or separate married return.
  • The age-67 subtraction requires forgoing the listed Wisconsin credits; income already subtracted under another rule cannot be reused.
  • Schedule SB includes federally taxable qualified-retirement-plan and IRA income; TSP income can be evaluated under the general age-based subtraction but not the legacy public-plan exemption.

Source: 2025 Wisconsin Schedule SB Instructions · Effective: tax year 2025 · Checked November 7, 2025

Military retirement pay
ExemptVerified
  • Wisconsin subtracts qualifying U.S. military and uniformed-services retirement and survivor benefits included in federal income.
  • The benefit must come from the U.S. military retirement system or qualifying Coast Guard, NOAA commissioned corps, or Public Health Service retirement.
  • Retired Serviceman's Family Protection Plan and Survivor Benefit Plan payments are included.
  • The subtraction cannot exceed the amount included in federal income.

Source: 2025 Wisconsin Schedule SB Instructions · Effective: tax year 2025 · Checked November 7, 2025

About this page

This page assembles entries from datasets the site already publishes; it adds no figure of its own. Entries marked “Not yet verified” or “Pending” have no primary-source value in the underlying dataset yet. Rules change, so confirm anything you plan to act on with the source, the state agency, or a licensed attorney.

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