reglab/housing_qa huggingface dataset:
WI Stat § 877.41 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 877 - Actions by and against personal representatives, heirs, and legatees.|877.41 - Rights and liabilities of posthumous child and witness to will.

877.41  Rights and liabilities of posthumous child and witness to will. A child born after the making of a will who is entitled to succeed to a portion of any of the testator's property, or a witness to a will who is entitled to recover any portion of the testator's property from the legatees or devisees, shall: (1) Have the same rights and remedies to compel a distribution of the personal property and partition of the real estate or to recover from the legatees or devisees the portion of the property that belongs to him or her as any other person entitled to any part of the estate; (2) Have the same rights and remedies to compel a contribution from other persons interested in the estate, or to gain possession of the property, as any other person entitled to any part of the estate; and (3) Be equally liable to the creditors of the decedent under this chapter as any other person entitled to any part of the estate.History:  1979 c. 32 s. 55; Stats. 1979 s. 777.41; 1993 a. 486; 2001 a. 102 s. 125; Stats. 2001 s. 877.41.
WI Stat § 877.42 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 877 - Actions by and against personal representatives, heirs, and legatees.|877.42 - Estate of deceased heir liable.

877.42  Estate of deceased heir liable. The estate of any heir, devisee, legatee, or next of kin of a decedent who dies before paying his or her just share of the decedent's debts is liable for his or her share of the decedent's debts, as a personal debt, to the same extent that he or she would have been liable if living.History:  1979 c. 32 s. 55; 1979 c. 176; Stats. 1979 s. 777.42; 2001 a. 102 s. 126; Stats. 2001 s. 877.42.
WI Stat § 878.01 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 878 - Probate bonds.|878.01 - Probate bonds.

878.01  Probate bonds. (1) Generally. All bonds required by order of the court or of the probate registrar shall be for such sum and with such sureties as the court or probate registrar directs, except if otherwise provided by law. The bonds shall be for the security and benefit of all persons interested and shall be taken to the judge of the court, except where they are required by law to be taken to the adverse party. A bond shall not be deemed sufficient unless it has been examined and approved by the judge, the register in probate or the probate registrar and the approval endorsed thereon in writing and signed by the person approving; but failure so to do shall not render the bond void. (2)  Sureties. When individuals act as sureties, each must be a resident of this state, and shall give satisfactory evidence as to his or her financial responsibility, and, when required, shall do so before the judge, or some other officer designated by the judge.History:  1975 c. 331, 421; 1977 c. 449; 1993 a. 486.Cross-reference:  See s. 632.17 (2) which permits bonds by an insurer authorized to do a surety business.
WI Stat § 878.03 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 878 - Probate bonds.|878.03 - Corporate fiduciaries.

878.03  Corporate fiduciaries. The court and the probate registrar shall not require bond from any corporate fiduciary which has complied with the requirements of s. 220.09 or 223.02.History:  1975 c. 331; 1977 c. 449.
WI Stat § 878.05 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 878 - Probate bonds.|878.05 - Additional bond; reducing bond.

878.05  Additional bond; reducing bond. The court may, at any time, require additional bond from any personal representative, special administrator, guardian or trustee and may, upon application, enter an order, with or without notice, reducing the amount of any bond, if satisfied that no injury can result to those interested in the estate.History:  1977 c. 449.Cross-reference:  See s. 112.09 which provides a procedure for the discharge of a surety from future liability.
WI Stat § 878.07 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 878 - Probate bonds.|878.07 - Actions on bonds.

878.07  Actions on bonds. (1) Who may bring. Actions may be brought on the bonds of personal representatives, special administrators, guardians and trustees in the court by:(a) A creditor when the amount due the creditor has been ascertained and ordered paid by the court, if the personal representative, special administrator, guardian or trustee neglects to pay the same when demanded;(b) A distributee to recover the distributee's share of the estate, after the court has declared the amount due the distributee, and ordered it paid or delivered if the personal representative, special administrator or trustee fails to pay or deliver the same when demanded; and(c) A creditor, distributee, or other person aggrieved by any maladministration, when it appears that the personal representative, special administrator, guardian or trustee has failed to perform his or her duty in any other particular. (2)  When ordered. Whenever a personal representative, special administrator, guardian or trustee refuses or neglects to perform any order or judgment for rendering an account, or upon a final settlement, or for the payment of debts or distributive shares, the judge shall cause the bond of the personal representative, special administrator, guardian or trustee to be prosecuted for the benefit of all concerned, and the money collected shall be applied in satisfaction of the order or judgment in the same manner as the property ought to have been applied by the personal representative, guardian or trustee. (3)  Limitation as to liability of surety on fiduciary's bond. An action may not be maintained against the sureties on any bond given by a personal representative, special administrator, guardian or trustee unless it is commenced within 6 years from the time when he or she was discharged. (4)  Separate and joint actions; action by ward; accounting, when unnecessary. An action upon a bond by or in behalf of one person interested does not bar or in any way affect the right of any other person interested to maintain an action thereon, but separate actions or a joint action may be maintained thereon by or in behalf of any or all persons interested, but the action does not impair any other remedy of the ward. An accounting is not necessary before bringing an action against sureties if the personal representative, special administrator, guardian, or trustee dies, moves out of the state, or is adjudicated incompetent.History:  1977 c. 449; 1993 a. 486; 2005 a. 387.
WI Stat § 878.09 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 878 - Probate bonds.|878.09 - Actions on bonds in name of judge.

878.09  Actions on bonds in name of judge. All actions upon bonds issued to a judge shall be brought in the name of the judge of the court in office at the time the action is commenced. If judgment is rendered for the plaintiff, it shall be for the amount found due and costs of suit, and shall specify the amount found due to each particular person for whose benefit it is brought. No judgment or execution against the sureties on any bond may exceed the amount of the penalty thereof, exclusive of costs.History:  1977 c. 449.
WI Stat § 878.11 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 878 - Probate bonds.|878.11 - Money, to whom paid.

878.11  Money, to whom paid. All moneys recovered on any judgment in favor of the judge of the court shall be paid over to the person, other than the defendant therein, who is then the rightful personal representative, special administrator, guardian or trustee, and the moneys shall be assets in the person's hands to be administered according to law. If there is no personal representative, special administrator, guardian or trustee, other than the defendant, the moneys shall be paid to the persons entitled thereto upon their giving receipts which shall be filed with the court.History:  1977 c. 449.
WI Stat § 878.13 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 878 - Probate bonds.|878.13 - Action not barred; partial defense; stay of execution.

878.13  Action not barred; partial defense; stay of execution. An action brought upon the bond of any personal representative, special administrator, guardian or trustee shall not be barred or dismissed by reason that a former action was prosecuted on the bond, but any payment of damages made or collected from the sureties or any of them on any judgment in an action previously begun by any party on the bond shall be applied as a total or partial discharge of the liability thereon; and such partial defense may be pleaded by answer or supplemental answer as may be proper. The court may stay execution on any judgment rendered in the action until the final determination of any other action commenced upon the bond.
WI Stat § 879.01 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.01 - Petitions to court.

879.01  Petitions to court. All applications to courts, except motions in matters at issue, shall be made by verified petition. All petitions must show the jurisdiction of the court and the interest of the petitioner. All petitions, except those for statutory certificates or for ex parte orders in proceedings already pending, shall also show the names and post-office addresses of all persons interested, so far as known to the petitioner or ascertainable by him or her with reasonable diligence; and shall indicate who are minors or otherwise under disability, and the names and post-office addresses of their guardians. No defect of form or substance in any petition may invalidate any proceedings.History:  1977 c. 449.An “action" under s. 801.01 includes a special proceeding such as probate. In Matter of Estate of Martz, 171 Wis. 2d 89, 491 N.W.2d 772 (Ct. App. 1992).In probate actions, as in civil cases generally, the burden is on the petitioner to move the case forward. Theis v. Short, 2010 WI App 108, 328 Wis. 2d 162, 789 N.W.2d 585, 09-1591.
WI Stat § 879.05 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.05 - Notice; manner of giving.

879.05  Notice; manner of giving. (1) Generally. Unless the statute requiring notice in a particular proceeding provides otherwise, notice required in the administration of an estate or other proceeding shall be given either by mail under sub. (2) or by personal service under sub. (3). The first notice given by mail in any administration or other proceeding must be accompanied by notice by publication given under sub. (4). Notice by publication in addition to mailed notice is required for subsequent hearings if the name or the post-office address of one or more persons entitled to notice has not been ascertained. (2)  Service by mail. Service shall be made by first class mail either within or without the state at least 20 days before the hearing or proceeding upon any person whose post-office address is known or can with reasonable diligence be ascertained. (3)  Personal service. Personal service shall be made at least 10 days before the hearing under s. 801.11, except as that section provides for service by publication and except that substituted service under s. 801.11 (1) (b) may not be made outside this state. (4)  Service by publication. Unless a statute provides otherwise, every court notice required to be given by publication shall be published as a class 3 notice in a newspaper published in the county, eligible under ch. 985, as the court by order directs.History:  1973 c. 12; Sup. Ct. Order, 67 Wis. 2d 585, 783 (1975); 1977 c. 449.When heirs at law had not been heard from for 30 to 40 years, published notice of hearing on proof of the will was legal notice to the heirs under s. 856.11. In re Estate of Phillips, 92 Wis. 2d 354, 284 N.W.2d 908 (1979).
WI Stat § 879.07 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.07 - Proof of service of notice.

879.07  Proof of service of notice. (1) Mail. Proof of service by mail shall be by the affidavit of the person who mailed the notice showing when and to whom the person mailed it and how it was addressed. (2)  Personal service. Proof of personal service shall be made under s. 801.10 or by the written admission of service by the person served if competent and an adult, and the subscription of the person's name to the admission is presumptive evidence of its genuineness. (3)  Publication. Proof of service by publication shall be by affidavit under s. 985.12.History:  Sup. Ct. Order, 67 Wis. 2d 585, 783 (1979); 1975 c. 218; 1993 a. 486.
WI Stat § 879.09 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.09 - Notice requirement satisfied by waiver of notice.

879.09  Notice requirement satisfied by waiver of notice. Persons who are not minors or individuals adjudicated incompetent, on behalf of themselves, and appointed guardians ad litem and guardians of the estate on behalf of themselves and those whom they represent, may in writing waive the service of notice upon them and consent to the hearing of any matter without notice. An attorney, or attorney-in-fact, for a person in the military service may waive notice on behalf of himself or herself but cannot waive notice on behalf of the person in the military service. Waiver of notice by any person is equivalent to timely service of notice.History:  1991 a. 220; 2005 a. 216, 387; 2007 a. 97.The court's decision not to use the issuing judge's name in the caption of the action in order to prevent prejudice was within the court's discretion. Estate of Burgess v. Peterson, 196 Wis. 2d 55, 537 N.W.2d 115 (Ct. App. 1995), 94-3043.
WI Stat § 879.11 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.11 - Notice requirement satisfied by appearance.

879.11  Notice requirement satisfied by appearance. An appearance by a person who is not a minor or an individual adjudicated incompetent is equivalent to timely service of notice upon the person. An appearance by a guardian of the estate is equivalent to timely service of notice upon the guardian and upon the guardian's ward. An appearance by a guardian ad litem is equivalent to timely service of notice upon the guardian ad litem and except at a hearing to prove a will or for administration is equivalent to timely service of notice upon those whom the guardian ad litem represents. An appearance by an attorney, or an attorney-in-fact, for a person in the military service is equivalent to timely service of notice upon the attorney or attorney-in-fact but does not satisfy a requirement for notice to the person in the military service.History:  1991 a. 220; 1993 a. 486; 2005 a. 387.
WI Stat § 879.13 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.13 - Delayed service of notice.

879.13  Delayed service of notice. If for any reason notice to any person, including a minor or an individual adjudicated incompetent, is insufficient, the court may at any time order service of notice together with documents required under ss. 858.03 and 862.09 and, where required, appoint a guardian ad litem under s. 879.23 and require the person or the person's guardian ad litem to show cause why the person should not be bound by the action already taken in the proceedings as though the person had been timely served with notice. Such person may consent in writing to be bound. History:  Sup. Ct. Order, 50 Wis. 2d vii (1971); 1993 a. 486; 2005 a. 387.Comment of Judicial Council, 1971: This amendment makes it clear that these provisions apply to minors and incompetents. The cross-reference change is corrective. [Re Order effective July 1, 1971]
WI Stat § 879.15 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.15 - Appearances, how made.

879.15  Appearances, how made. In any proceeding in the court, appearances shall be made as follows: (1) A minor or individual adjudicated incompetent shall appear by a guardian ad litem or by the guardian of his or her estate, who may appear by attorney, or by another person under the doctrine of virtual representation as provided in s. 879.23 (5); (2) A personal representative shall appear by attorney; and (3) Every other person shall appear in person, by attorney or, if in the military service, by an attorney-in-fact.History:  1973 c. 233; 1975 c. 198 s. 65; 1975 c. 421; 1977 c. 449; 1991 a. 220; 2005 a. 387.Cross-reference:  See s. 879.23 for provision authorizing appointment of surviving parent as guardian ad litem.
WI Stat § 879.17 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.17 - Attorney, appearance by.

879.17  Attorney, appearance by. The attorney who first appears for any party or person interested shall be recognized as the attorney throughout the matter or proceeding unless another attorney is substituted under SCR 11.02 (3).History:  1977 c. 187 s. 135; 1977 c. 273; Sup. Ct. Order, eff. 1-1-80.An executor who asked for substitution when probate had just been begun because the heirs desired it and to avoid conflict with them had shown sufficient cause for changing attorneys. Estate of Ainsworth, 52 Wis. 2d 152, 187 N.W.2d 828, 189 N.W.2d 505 (1971).
WI Stat § 879.19 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.19 - Attorney, notice to.

879.19  Attorney, notice to. Except for a person in the military service, as provided in s. 879.09, if a person interested who is not a minor or an individual adjudicated incompetent has retained an attorney to represent him or her and the attorney has mailed a notice of retainer and request for service to the attorney for the personal representative and filed a copy with the court, any notice that would be given to the person interested shall instead be given to the attorney, and the attorney may waive notice for the person interested under s. 879.09.History:  1991 a. 220; 1993 a. 486; 2005 a. 387.
WI Stat § 879.21 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.21 - Appearance for person domiciled in foreign country.

879.21  Appearance for person domiciled in foreign country. When notice has been given to the attorney general under s. 879.03 (3) that a person domiciled in a foreign country, not represented by a consul, vice consul or consular agent, is interested in an estate, the attorney general shall appear for the person and be allowed compensation and necessary expenditures in the same manner as a guardian ad litem.History:  1973 c. 90; 1993 a. 486.
WI Stat § 879.25 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.25 - Attorney for person in military service.

879.25  Attorney for person in military service. At the time of filing a petition for administration of an estate, an affidavit shall be filed setting forth facts showing whether any person interested in the matter is actively engaged in the military service of the United States. Whenever it appears by the affidavit or otherwise that any person in the active military service of the United States is interested in an administration and is not represented by an attorney, or by an attorney-in-fact who is duly authorized to act on his or her behalf in the matter, the judge shall appoint an attorney to represent the person and protect his interest, and no further proceedings shall be had until such appointment has been made. The attorney who is appointed for the person in the military service shall be an attorney admitted to practice in this state and shall be allowed compensation and necessary expenditures to be fixed by the court and paid out of the estate.History:  1973 c. 233; 1991 a. 220.
WI Stat § 879.26 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.26 - Waiver of right to certain documents.

879.26  Waiver of right to certain documents. Any person who is not a minor or an individual adjudicated incompetent may in writing waive the person's right to be given a statement that the inventory has been filed under s. 858.03 and a copy of accounts under s. 862.11.History:  1971 c. 211 s. 126; 1993 a. 486; 2005 a. 387.
WI Stat § 879.27 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.27 - Appeals.

879.27  Appeals. (1) Appeal is to the court of appeals. Any person aggrieved by any appealable order or judgment of the court assigned to exercise probate jurisdiction may appeal or take a writ of error therefrom to the court of appeals. (2)  Effect of chs. 801 to 847. In all matters not otherwise provided for in this chapter relating to appeals from courts assigned to exercise probate jurisdiction to the court of appeals, the law and rules of practice of chs. 801 to 847 govern. (4)  Who may appeal on behalf of minor or individual adjudicated incompetent. In all cases the appeal on behalf of any minor or individual adjudicated incompetent may be taken and prosecuted by the guardian of the minor's or individual's estate or by a guardian ad litem. (5)  Limitation on bond and costs. On appeals from courts assigned to exercise probate jurisdiction to the court of appeals no bond may be required of, or costs awarded against, any alleged incompetent individual or person acting in behalf of an alleged incompetent individual on an appeal from an adjudication of incompetency, and no bond may be required of any personal representative, guardian, or trustee of a testamentary trust.History:  Sup. Ct. Order, 67 Wis. 2d 585, 783 (1975); 1977 c. 187, 449; 1979 c. 89; 1983 a. 219; 1993 a. 486; 2005 a. 387.Judicial Council Note, 1983: Sub. (3) providing an appeal deadline of 60 days from entry of order or judgment in probate proceedings, has been repealed for greater uniformity. An appeal must be initiated within the time period specified in s. 808.04 (1). [Bill 151-S]A memorandum decision in a probate proceeding was treated as an order terminating the proceeding and therefore appealable although no separate order was entered when it appeared that the memorandum decision was clearly intended to be a final ruling. Estate of Boerner, 46 Wis. 2d 183, 174 N.W.2d 457 (1970).The agents of an incompetent named in her health care and durable power of attorney documents had standing to appeal under sub. (1). Because they were agents under these two documents, they were substitutes for the incompetent for purposes of sub. (1). Guardianship of Muriel K. 2002 WI 27, 251 Wis. 2d 10, 640 N.W.2d 773, 00-0929.Final orders and final judgments in probate cases should state that they are final for the purposes of an appeal, if that is the intention of the parties involved and of the circuit court. Sanders v. Estate of Sanders, 2008 WI 63, 310 Wis. 2d 175, 750 N.W.2d 806, 06-0424.
WI Stat § 879.31 (2021)
2021 Wisconsin Statutes & Annotations|Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.|879.31 - Relief from judgment or order.

879.31  Relief from judgment or order. On motion, notice to adverse parties and hearing, the court may relieve a party or legal representative from a judgment or orders of the court or the party's stipulation as provided in s. 806.07.History:  1983 a. 219.