reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.27 - Personal representatives or trustees may form corporation or limited liability company.

857.27
Personal representatives or trustees may form corporation or limited liability company.
The court may by order authorize the personal representatives or trustees of the estate of a decedent or one or more of the personal representatives or trustees to organize a corporation or limited liability company for any of the purposes authorized by ch. 180, 181 or 183 and to subscribe for shares of the corporation or interests in the limited liability company and convey estate property to the corporation or limited liability company in payment for the shares or interests subscribed.
History:  1993 a. 112.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.29 - Personal representative may plat land.

857.29
Personal representative may plat land.
The court may by order authorize the personal representative to plat land which is a part of the estate, either alone or together with other owners of the real estate. The personal representative must comply with the same statutes, ordinances and rules which apply to a person who is platting the person's own land.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.31 - Immunity of personal representative.

857.31
Immunity of personal representative.
A personal representative incurs no liability to any person as a result of any of the following:
(1)
Giving notice to any potential claimant against the estate that proceedings to administer the estate are pending, the court in which the proceedings are pending and the deadline for filing a claim against the estate under s. 859.01 or 859.48.
(2)
Not giving notice to any potential claimant against the estate that proceedings to administer the estate are pending, the court in which the proceedings are pending or the deadline for filing claims against the estate under s. 859.01 or 859.48, even if the personal representative knew, or in the exercise of reasonable diligence should have known, of the existence of the potential claim.
(3)
Not informing distributees of their potential liability for claims not barred because of the operation of s. 859.02 (2) (b).
History:  1989 a. 96.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.35 - Notification of spouse.

857.35
Notification of spouse.
If a personal representative who is not a surviving spouse becomes aware that any beneficiary other than the surviving spouse is designated to receive more than 50 percent of the proceeds of any life insurance policy or deferred employment benefit plan, the personal representative shall give the surviving spouse written information sufficient to identify the policy or plan and any beneficiary thereof. A surviving spouse may recover life insurance proceeds and deferred employment benefits under s. 766.70 (6).
History:  1983 a. 186; 1985 a. 37 s. 187.
2023 Wisconsin Statutes & Annotations › Chapter 858 - Probate — inventory. › 858.01 - Personal representative files.

858.01
Personal representative files.
Except as provided by s. 865.11, the personal representative, within a reasonable time but no later than 6 months after appointment unless the court has by order extended or shortened the time, shall file an inventory of all property owned by the decedent. The inventory when filed shall show, as of the date of the decedent's death, the value of all property, what property is marital property and the type and amount of any existing obligation relating to any item of property. If a special administrator or personal representative has filed an inventory, no personal representative who is later appointed need file a further inventory unless additional property is found or the court orders otherwise.
History:  1973 c. 39; 1975 c. 331, 421; 1983 a. 186; 1985 a. 37; 1997 a. 188.
Cross-reference:  See s. 72.02 which describes property transfers subject to estate tax.
NOTE:  See notes in 1985 Wis. Act 37, marital property trailer bill.
2023 Wisconsin Statutes & Annotations › Chapter 858 - Probate — inventory. › 858.03 - Persons interested may be informed of inventory.

858.03
Persons interested may be informed of inventory.
Not more than 5 days after filing an inventory with the court the personal representative shall mail or deliver to the surviving spouse and to all other persons interested, except those whose only interest is as a beneficiary of a monetary bequest or a bequest or devise of specific property, a statement indicating that the inventory has been filed and that a copy of the inventory, or a summary indicating the value of each item of property in which the person has an interest, will be sent to the person upon the person's written request to the personal representative. If any person to whom the statement is required to be sent makes a request, the personal representative shall comply within 5 days after receipt of the request. If a person interested to whom the statement is required to be sent is represented by a guardian of the estate or by a guardian ad litem, the statement shall be mailed or delivered to the guardian of the estate or the guardian ad litem but not to the person interested. If the person interested is in the military service and is represented by an attorney or an attorney-in-fact, the statement shall be sent to both the attorney or the attorney-in-fact and the person interested. Failure of the personal representative to comply with this section does not affect the jurisdiction of the court as to persons interested.
History:  1991 a. 220; 1993 a. 486.
Cross-reference:  See s. 879.26 which provides for waiver of this requirement.
2023 Wisconsin Statutes & Annotations › Chapter 858 - Probate — inventory. › 858.05 - Order to file inventory.

858.05
Order to file inventory.
If any personal representative neglects to file the inventory under s. 858.01 when required by law, the court shall call the personal representative's attention to the neglect. If the personal representative still neglects to file, the court shall order the personal representative to file the inventory. If, without reasonable cause shown, the personal representative refuses or neglects to comply with the order for 20 days after service of the order upon the personal representative, the personal representative may be held in contempt of court.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 858 - Probate — inventory. › 858.07 - Contents of inventory.

858.07
Contents of inventory.
The personal representative shall include in the inventory all property subject to administration. The personal representative shall include a statement of any encumbrance, lien or other charge upon each item.
History:  1975 c. 331, 421; 1997 a. 83.
2023 Wisconsin Statutes & Annotations › Chapter 858 - Probate — inventory. › 858.09 - Inventory, certification, examination in court.

858.09
Inventory, certification, examination in court.
The personal representative shall certify under oath that the inventory, to the best of the personal representative's knowledge, includes all property, encumbrances, liens or charges required to be shown therein. The court, at the request of any person interested in the estate or the property listed or on its own motion, may examine the personal representative on oath in relation thereto or in relation to any proposed addition thereto or deletion therefrom.
History:  1975 c. 331, 421.
2023 Wisconsin Statutes & Annotations › Chapter 858 - Probate — inventory. › 858.11 - Inventory of partnership property and liabilities by survivor.

858.11
Inventory of partnership property and liabilities by survivor.
The surviving partner of any deceased person whose estate is being administered shall, if required by order of the court, file with the court a verified inventory of the partnership property and liabilities. If, after service of the order upon him or her, the partner without reasonable cause shown refuses or neglects to comply with the order for 20 days after the day set for compliance, he or she may be held in contempt of court.
History:  1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 858 - Probate — inventory. › 858.13 - When appraisal necessary.

858.13
When appraisal necessary.
Except as provided in s. 858.15 all inventoried property shall be appraised by one or more disinterested persons appointed by the court. The appraiser or appraisers shall appraise each item in the inventory which is required to be appraised and certify to its value. If the property is situated in 2 or more counties, one or more appraisers may be appointed for each county.
History:  1975 c. 193, 331, 422.
2023 Wisconsin Statutes & Annotations › Chapter 858 - Probate — inventory. › 858.15 - When appraisal not necessary.

858.15
When appraisal not necessary.
Assets, the value of which is readily ascertainable without the exercise of judgment on the part of an appraiser, shall not be appraised. The value of these assets shall be shown in the inventory and verified by the personal representative, and the personal representative shall provide evidence of value as the court requires. Where evidence satisfactory to the court is produced to establish the value of any inventoried assets, no appraisal shall be required of the assets, unless a formal appraisal is requested by persons interested, the department of revenue, or by the court on its own motion.
History:  1973 c. 90; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 858 - Probate — inventory. › 858.17 - Supplemental inventory and appraisal.

858.17
Supplemental inventory and appraisal.
If any property not included in the inventory comes to the knowledge of the personal representative, the personal representative shall file a supplemental inventory or include the same in the personal representative's accounting. The personal representative shall have the property appraised unless it is of the type described in s. 858.15.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.01 - Time for filing claims.

859.01
Time for filing claims.
When an application for administration is filed, the court, or the probate registrar under informal administration proceedings, shall by order set a date as the deadline for filing a claim against the decedent's estate. The date shall be not less than 3 nor more than 4 months from the date of the order. If a claim is not filed by the deadline, the consequences provided in s. 859.02 apply.
History:  1989 a. 96; 2005 a. 216.
The statute of limitations concerning claims filed against an estate in probate may not be waived. Estate of Palmer, 68 Wis. 2d 101, 227 N.W.2d 680 (1975).
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.03 - Continuance of separate action.

859.03
Continuance of separate action.
If an action is pending against a decedent at the time of his or her death and the action survives, the plaintiff in that action may serve a notice of substitution of party defendant on the personal representative and file proof of service of notice in the court. Filing of proof of service on or before the deadline for filing a claim under s. 859.01 gives the plaintiff the same rights against the estate as the filing of a claim. A judgment in any such action constitutes an adjudication for or against the estate.
History:  1977 c. 449; 1989 a. 96.
When disposition of a homestead was ordered in a divorce judgment, the family court and probate court had concurrent jurisdiction and the divorce judgment remained enforceable by the family court. Morrissette v. Morrissette, 99 Wis. 2d 467, 299 N.W.2d 590 (Ct. App. 1980).
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.07 - Notice; publication.

859.07
Notice; publication.
(1)
Notice of the deadline for filing a claim under s. 859.01 shall be given by publication, under s. 879.05 (4), and may be given with the notice for granting letters. The first insertion shall be made within 15 days of the date of the order under s. 859.01.
(2)
(a)
The personal representative shall provide notice of the date set under s. 859.01 to the department of health services, the department of children and families, or the department of corrections, as applicable, and to the county clerk of the decedent's county of residence, as defined in s. 49.001 (6) if, at any time prior to or at the time of the decedent's death, any of the following applied:
1.
The decedent was a patient or inmate of any state or county hospital or institution.
2.
The decedent was responsible for any obligation owing to the state or a county under s. 46.03 (18), 46.10, 48.36, 49.32 (1), 49.345, 301.03 (18), 301.12, or 938.36.
3.
The decedent or the decedent's spouse received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), 2017 stats., or aid under s. 49.68, 49.683, 49.685, or 49.785.
(b)
The notice under par. (a) shall comply with all of the following:
1.
The notice shall be in writing on forms provided by the applicable department or county clerk.
2.
The notice shall be sent by registered or certified mail not less than 30 days before the date set under s. 859.01.
(3)
The personal representative may at any time give notice to any potential claimant of the deadline for filing a claim against the estate under s. 859.01 or 859.48 and of the court in which the estate proceeding is pending.
History:  1977 c. 73; 1985 a. 29; 1989 a. 31, 96, 359; 1991 a. 39; 1995 a. 27 ss. 7191b to 7191c, 9126 (19); 1995 a. 77; 1997 a. 237; 1999 a. 9; 2001 a. 107; 2007 a. 20 ss. 3768 to 3769, 9121 (6) (a); 2013 a. 20; 2015 a. 55; 2019 a. 9.
Notice to creditors by publication does not violate the due process clause. In Matter of Estate of Fessler, 100 Wis. 2d 437, 302 N.W.2d 414 (1981).
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.09 - Transfer of claims when administration fails.

859.09
Transfer of claims when administration fails.
Claims filed against the estate of a decedent following an order and notice to creditors shall, if the administration proceeding fails, be deemed filed upon notice to creditors in a subsequent administration proceeding. If the subsequent proceeding is in a different county, such claims shall be transmitted to and filed in the proper court.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.13 - Form and verification of claims.

859.13
Form and verification of claims.
(1)
General requirements. No claim shall be allowed unless it is in writing, describes the nature and amount thereof, if ascertainable, and is sworn to by the claimant or someone for the claimant that the amount is justly due, or if not yet due, when it will or may become due, that no payments have been made thereon which are not credited, and that there are no offsets to the knowledge of the affiant, except as therein stated. If the claim is one for which property is available under s. 859.18, the claim shall describe which classification under s. 766.55 (2) is applicable to the claim. The claim shall also show the post-office address of the claimant. The presumption under s. 766.55 (1) applies to the classification of claims for which property is available under s. 859.18.
(2)
Requirements when claim founded on written instrument. If a claim is founded on a written instrument which is available, the original or a copy thereof with all endorsements must be attached to the claim.
History:  1985 a. 37.
Cross-reference:  See s. 859.19 as to secured claims.
NOTE:  As to sub. (1) see notes in 1985 Wis. Act 37, marital property trailer bill.
Provisions of sub. (2) are properly construed as directory and not mandatory. In matter of Estate of Alexander, 75 Wis. 2d 168, 248 N.W.2d 475 (1977).
A claimant has the burden of proving the existence of an express agreement by a deceased former employer to pay compensation in addition to wages paid during the claimant's employment. In re Estate of Huber, 81 Wis. 2d 55, 259 N.W.2d 714 (1977).
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.15 - Effect of statute of limitations.

859.15
Effect of statute of limitations.
Except as provided in ss. 46.10 (11), 49.08, 49.195 (1), 49.345 (11), and 301.12 (11), a claim shall not be allowed that was barred by any statute of limitations at the time of the decedent's death. A claim shall not be barred by statutes of limitation that was not barred at the time of the decedent's death if the claim is filed against the decedent's estate in the court on or before the deadline for filing a claim under s. 859.01.
History:  1977 c. 449; 1985 a. 29; 1989 a. 96; 2007 a. 20.
Cross-reference:  See s. 893.03, which provides that the presentation of a claim in circuit court is deemed the commencement of an action.
Cross-reference:  See s. 856.07, which authorizes any creditor of a decedent to petition for the administration of the estate 30 days after the date of death.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.17 - Claims not due.

859.17
Claims not due.
Upon proof of a claim which will become due at some future time, the court may:
(1)
Allow it at the present value and payment may be made as in the case of an absolute claim which has been allowed;
(2)
Order the personal representative to retain personally sufficient funds to satisfy the claim upon maturity; or
(3)
Order a bond to be given by the distributees for payment in satisfaction of the claim and the estate may be closed.
History:  1985 a. 332.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.19 - Secured claims.

859.19
Secured claims.
(1)
When a creditor holds any security for a claim the security shall be described in the claim, and the judgment allowing the claim shall describe the security. The security is sufficiently described if the security document is described by date and by the recording or filing data.
(2)
Payment of the claim shall be upon the basis of:
(a)
The full amount thereof if the creditor surrenders the security; or
(b)
If the creditor realizes on the security before receiving payment, then upon the full amount of the claim allowed less the fair value of the security.
History:  1985 a. 332.
Cross-reference:  See s. 859.13, which deals with the form and verification of claims generally.
Cross-reference:  See s. 859.43, which deals with the payment of secured claims.
Cross-reference:  See s. 863.13, which deals with the exoneration of encumbered property.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.21 - Contingent claims.

859.21
Contingent claims.
If the amount or validity of a claim cannot be determined until some time in the future, the claim is a contingent claim regardless of whether the claim is based on an event which occurred in the past or on an event which may occur in the future. Except for claims of the type not required to be filed under s. 859.02, contingent claims which cannot be allowed as absolute must, nevertheless, be filed in the court and proved in the same manner as absolute claims. If allowed subject to the contingency, the order of allowance shall state the nature of the contingency. If the claim is allowed as absolute before distribution of the estate, it shall be paid in the same manner as absolute claims of the same class. In all other cases the court may provide for the payment of contingent claims in any one of the following methods:
(1)
The creditor and personal representative may determine, by agreement, arbitration or compromise, the value thereof, according to its probable present worth, and it may be allowed and paid in the same manner as an absolute claim.
(2)
The court may order the personal representative to make distribution of the estate but to retain sufficient funds to pay the claim if and when the same becomes absolute; but for this purpose the estate shall not be kept open longer than 2 years after distribution of the remainder of the estate has been made; and if the claim has not become absolute within that time, distribution shall be made to the distributees of the retained funds, after paying any costs and expenses accruing during such period but the distributees shall be liable to the creditor to the extent provided in s. 859.23, if the contingent claim thereafter becomes absolute. When distribution is so made to distributees, the court may require the distributees to give bond for the satisfaction of their liability to the contingent creditor.
(3)
The court may order distribution of the estate as though the contingent claim did not exist, but the distributees shall be liable to the creditor as limited by s. 859.23, if the contingent claim thereafter becomes absolute; and the court may require the distributees to give bond for the satisfaction of their liability to the contingent creditor.
(4)
Such other method as the court orders.
History:  1989 a. 96; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.23 - Payment of contingent claims by distributees.

859.23
Payment of contingent claims by distributees.
If a contingent claim is filed and allowed against an estate subject to the contingency and all the assets of the estate including the fund set apart for the payment thereof has been distributed, and the claim thereafter is allowed as absolute, the creditor may recover thereon against those distributees, or the persons who furnish bond for the distributees, whose distributive shares have been increased by reason of the fact that the amount of the claim as finally determined was not paid prior to final distribution, if a proceeding therefor is commenced in court within 6 months after the claim is allowed as absolute. A distributee or the person who furnishes bond for the distributee shall not be liable for an amount exceeding his or her proportionate share of the estate subject to the claim, nor for an amount greater than the value of the property which he or she received from the estate, the value to be determined as of the time of distribution to the distributee.
History:  1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.25 - Priority of payment of claims and allowances.

859.25
Priority of payment of claims and allowances.
(1)
Classes and priority. At the time of their allowance, all claims and allowances shall be classified in one of the following classes. If the applicable assets of the estate are insufficient to pay all claims and allowances in full, the personal representative shall make payment in the following order:
(a)
Costs and expenses of administration.
(b)
Reasonable funeral and burial expenses.
(c)
Provisions for the family of the decedent under ss. 861.31, 861.33 and 861.35.
(d)
Reasonable and necessary expenses of the last sickness of the decedent, including compensation of persons attending the decedent.
(e)
All debts, charges or taxes owing to the United States, this state or a governmental subdivision or municipality of this state.
(f)
Wages, including pension, welfare and vacation benefits, due to employees which have been earned within 3 months before the date of the death of the decedent, not to exceed $300 in value to each employee.
(g)
Property assigned to the surviving spouse or surviving domestic partner under s. 861.41.
(h)
All other claims allowed.
(2)
No preference within classes. Preference shall not be given in the payment of any claim over any other claim of the same class, nor shall a claim due and payable be entitled to a preference over claims not due.
History:  1971 c. 63; 1983 a. 186; 1985 a. 37; 1993 a. 486; 2009 a. 28.
NOTE:  See notes in 1985 Wis. Act 37, marital property trailer bill.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.27 - Execution and levies prohibited.

859.27
Execution and levies prohibited.
Garnishment, attachment or execution shall not issue against nor shall any levy be made against any property of the estate under any judgment or cause of action against a decedent or a personal representative, but this section shall not be construed to prevent the enforcement of mortgages, pledges, liens or other security agreements upon real or personal property in an appropriate proceeding.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.29 - Persons interested may be informed of claims.

859.29
Persons interested may be informed of claims.
After the deadline for filing a claim against the estate under s. 859.01, any person interested in the estate may make a written request to the personal representative or special administrator for a statement listing all claims that have been filed against the estate. The statement shall show each claim, the name of the claimant, a brief description of the basis of the claim and the amount claimed. Within 5 days after receipt of the request, the personal representative shall mail or deliver a copy of the statement to the requester, including any guardian of the estate, guardian ad litem or attorney, or attorney-in-fact, for a person in the military service. Failure of the personal representative or special administrator to comply with this section does not affect the jurisdiction of the court as to persons interested.
History:  1989 a. 96; 1991 a. 220.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.31 - Compromise of claims.

859.31
Compromise of claims.
When a claim against the estate has been filed or suit thereon is pending, the creditor and personal representative may, if it appears for the best interests of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated; but if an objection to the claim has been filed by a person interested no compromise of the claim may be made without the consent of the objector.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.33 - Contest of claims; procedure.

859.33
Contest of claims; procedure.
(1)
How contest initiated. The following persons may contest a claim or assert an offset or counterclaim in court: the personal representative, a guardian ad litem or a person interested who has the approval of the court. They may do so only by mailing a copy of the objection, offset or counterclaim to the claimant or personally serving the same upon the claimant and filing the same with the court. The objection, offset or counterclaim may be served at any time prior to entry of judgment on the claim, but if a copy of the claim has been mailed to or served upon the personal representative or the attorney for the estate, the objection, offset or counterclaim shall be served upon or mailed to the claimant and filed with the court within 60 days after the copy of the claim was mailed to or served upon the personal representative or the attorney for the estate. The personal representative shall not be obligated to assert any offset or counterclaim in court and may, if he or she deems it to be in the best interests of the estate, assert the offset or counterclaim in any separate action otherwise authorized by law outside the court proceedings. Any offset or counterclaim so asserted shall be deemed denied by the original claimant.
(2)
Procedure. If any claim, offset or counterclaim is contested, the court may require the issues to be made definite, fix a date for pretrial conference and direct the manner in which pleadings, if any, shall be exchanged. The court shall set a time for trial upon its own motion or upon motion of any party.
History:  1973 c. 233; 1977 c. 449; 1983 a. 186; 1985 a. 37; 1989 a. 96.
NOTE:  See notes in 1985 Wis. Act 37, marital property trailer bill.
The 3-day extension under s. 801.15 (5) (a) for responding to papers served by mail is applicable to objections to claims under sub. (1). Flejter v. Estate of Flejter, 2001 WI App 26, 240 Wis. 2d 401, 623 N.W.2d 552, 99-2863.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.35 - Prompt judgment; hearing if claim filed over one year.

859.35
Prompt judgment; hearing if claim filed over one year.
The hearing on any claim, offset or counterclaim may be adjourned from time to time, but the hearing shall be concluded as soon as practicable. The court may on its own motion after notice to the claimant, the objector and the personal representative, set for hearing any contested claim, offset or counterclaim, filed over one year. The court may disallow all or any part of the claim, offset or counterclaim for nonprosecution.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.37 - Judgment on claims.

859.37
Judgment on claims.
Before setting a time for hearing on the final account the court shall enter a judgment on the claims presented against the decedent and the offsets and counterclaims asserted and stating how much was allowed for or against the estate in each case. The judgment shall set a date by which payment shall be made. If the balance as to any claimant is in favor of the estate, the payment thereof may be enforced as with any other judgment.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.39 - Delay of payment of claims when funds are insufficient.

859.39
Delay of payment of claims when funds are insufficient.
If it appears at any time that an estate is or may be insolvent, that there are insufficient funds on hand for payment of claims in full or that there is other good cause for delaying payment, the personal representative may report that fact to the court and apply for any order that the personal representative deems necessary.
History:  1993 a. 486.
Cross-reference:  See s. 859.25 which establishes priority of payment of claims and allowances.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.40 - Creditor's action for property not inventoried.

859.40
Creditor's action for property not inventoried.
Whenever there is reason to believe that the estate of a decedent as set forth in the inventory may be insufficient to pay the decedent's debts, a creditor whose claim has been allowed may, on behalf of all, bring an action to reach and subject to sale any property not included in the inventory, which is liable for the payment of debts. The creditor's action shall not be brought to trial until the insufficiency of the estate in the hands of the personal representative is ascertained; if found likely that the assets may be insufficient, the action shall be brought to trial. If the action is tried, any property which ought to be subjected to the payment of the debts of the decedent shall be sold in the action and the net proceeds used to pay such debts and to reimburse the creditor for the reasonable expenses and attorney fees incurred by the creditor in the action as approved by the court.
History:  1993 a. 486; 1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.41 - Creditor's action for property fraudulently sold by decedent.

859.41
Creditor's action for property fraudulently sold by decedent.
Whenever there is reason to believe that the estate of a decedent as set forth in the inventory may be insufficient to pay the decedent's debts, and the decedent conveyed any property with intent to defraud the decedent's creditors or to avoid any duty, or executed conveyances void as against creditors, any creditor whose claim has been allowed may, on behalf of all, bring an action to reach any property and subject it to sale. The creditor's action shall not be brought to trial until the insufficiency of the estate in the hands of the personal representative is ascertained; if found likely that the assets may be insufficient, the action shall be brought to trial. If the action is tried any property which ought to be subjected to the payment of the debts of the decedent shall be sold in the action and the net proceeds used to pay such debts and to reimburse the creditor for the reasonable expenses and attorney fees incurred by the creditor in such action as approved by the court.
History:  1993 a. 486; 1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.43 - Encumbered assets; payment of debt.

859.43
Encumbered assets; payment of debt.
(1)
Rights of secured creditors not affected. Nothing in this chapter shall affect or prevent any action or proceeding to enforce any mortgage, pledge, lien or other security agreement against property of the estate.
(2)
Payment. When any property in the estate is encumbered by mortgage, pledge, lien or other security agreement, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or may convey or transfer the encumbered assets to the creditor in satisfaction of the creditor's lien, in whole or in part, whether or not the holder of the encumbrance has filed a claim.
History:  1993 a. 486.
Cross-reference:  See s. 863.13, which deals with exoneration of encumbered property.
Cross-reference:  See s. 859.19, which deals with the payment of secured claims which have been filed.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.45 - Tort claims.

859.45
Tort claims.
(1)
Filed within time limited. If a claim based on a cause of action in tort or for contribution resulting from a cause of action in tort is filed on or before the deadline for filing a claim under s. 859.01 or 859.21 or a continuance is secured under s. 859.03, the claimant will receive the same protection in regard to payment as a claimant who has filed a claim which was required to be filed.
(2)
Not filed within time limited. A cause of action against a decedent in tort or for contribution resulting from a cause of action in tort is not defeated by failure to file the claim or commence or continue an action against the personal representative on or before the deadline for filing a claim under s. 859.01 against an estate, but the failure relieves the court of all responsibility to protect the rights of the claimant and the claimant shall not be granted any of the protections under s. 859.21. If the claim is made absolute through court approved settlement or adjudication and a certified copy of the settlement or judgment is filed in the court in which the estate is being administered prior to the approval of the final account, it shall be paid prior to the distribution of the estate, otherwise the estate may be distributed as though the claim did not exist. After the final account has been approved, a claimant whose claim has been made absolute through court approved settlement or through adjudication may proceed against the distributees, but no distributee may be liable for an amount greater than that allowed under s. 859.23.
History:  1977 c. 449; 1989 a. 96.
Cross-reference:  Chapter 877 deals with actions against distributees.
The testator's breach of contract in failing to make certain provisions by will was not actionable in tort. Landwehr v. Citizens Trust Co. 110 Wis. 2d 716, 329 N.W.2d 411 (1983).
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.47 - Payment of unfiled claims.

859.47
Payment of unfiled claims.
If a personal representative has in good faith paid unfiled claims against the estate, the payments may be allowed upon proof that they were just demands against the estate and that they were paid on or before the deadline for filing claims under s. 859.01, or at any time with the consent of the heirs or beneficiaries affected by the payment. Notice that application will be made for such allowance shall be given under s. 879.03. Payment shall be allowed on a proportional basis with other claims of the same class if the estate is insolvent.
History:  1975 c. 331; 1979 c. 110 s. 60 (11); 1989 a. 96.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.48 - Claims of creditors without notice.

859.48
Claims of creditors without notice.
(1)
A claim not barred by s. 859.02 (1) because of the operation of s. 859.02 (2) (b) may be enforced only as provided in this section.
(2)
The claimant shall file the claim in the court in which the estate is administered within one year after the decedent's death and within 30 days after the earlier of the following:
(a)
The date that the personal representative gives notice to the potential claimant of the deadline for filing a claim against the estate under s. 859.01 or this section and of the court in which the estate is administered.
(b)
The date that the claimant first acquires actual knowledge that the estate is being or was administered and of the court in which the estate is administered.
(3)
The claimant shall serve a copy of the claim upon or mail a copy of the claim to the personal representative or the attorney for the estate within 10 days after the claim is filed.
(4)
In any proceeding under this section, the claimant shall have the burden of establishing by the greater weight of the credible evidence that all of the circumstances under s. 859.02 (2) (b) existed.
(5)
If the claim is allowed, it shall be paid to the same extent as other claims of the same class. If allowed after the assets of the estate have been partially or fully distributed, any unpaid portion of the claim may be enforced by separate action against the distributees. No distributee is liable for any amount greater than that allowed under s. 859.23.
(6)
This section does not extend the time for commencement of a claim beyond the time provided by any statute of limitations applicable to that claim.
History:  1989 a. 96.
2023 Wisconsin Statutes & Annotations › Chapter 859 - Probate — claims. › 859.49 - Last illness and funeral expense of deceased spouse.

859.49
Last illness and funeral expense of deceased spouse.
The reasonable expense of the last illness and funeral may, if properly presented, be paid by the personal representative of the estate of a deceased spouse and if so paid shall be allowed as a proper expenditure even though the surviving spouse could have been held liable for the expense.
History:  1975 c. 94 s. 91 (3), (13); 1975 c. 199.
2023 Wisconsin Statutes & Annotations › Chapter 860 - Probate — sale, mortgage and lease of property. › 860.01 - Power of personal representative to sell, mortgage and lease.

860.01
Power of personal representative to sell, mortgage and lease.
A personal representative to whom letters have been issued by the court and whose letters have not been revoked may sell, mortgage or lease any property in the estate without notice, hearing or court order. The rights and title of any purchaser, mortgagee or lessee from the personal representative are not affected by any provision in a will of the decedent or any procedural irregularity or jurisdictional defect in the administration of the decedent's estate. A transfer agent or a corporation transferring its own securities incurs no liability to any person by making a transfer of securities in an estate as requested or directed by a personal representative.
History:  1977 c. 449.
An executor's trust is not discharged by selling at the appraised price unless there is evidence to show that it was the best price that could be obtained in the exercise of reasonable diligence. State v. Hartman, 54 Wis. 2d 47, 194 N.W.2d 653 (1972).
The loss of future profits to an estate through disposal of a parcel is damage chargeable to a trustee or personal representative only if the parcel was not needed for liquidity. In re Estate of Meister, 71 Wis. 2d 581, 239 N.W.2d 52 (1976).
Fiduciary and estate liability in contract and in tort. Dubis, 55 MLR 297.
2023 Wisconsin Statutes & Annotations › Chapter 860 - Probate — sale, mortgage and lease of property. › 860.05 - Free of creditor's claims.

860.05
Free of creditor's claims.
If property in an estate is sold, mortgaged or leased by a personal representative, title passes subject to the rights of creditors having a secured interest in the property sold but free and clear of any right of creditors which is based on the filing and allowance of a claim in the estate. The filing and allowance of a claim in an estate does not make one a secured creditor.
2023 Wisconsin Statutes & Annotations › Chapter 860 - Probate — sale, mortgage and lease of property. › 860.07 - No warranties.

860.07
No warranties.
Except as under s. 860.09 (2), a personal representative has no power to give warranties in any sale, mortgage or lease of property which are binding on the personal representative personally or on the estate of the decedent.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 860 - Probate — sale, mortgage and lease of property. › 860.09 - Contract of decedent to sell or lease land.

860.09
Contract of decedent to sell or lease land.
(1)
Generally. If any person legally bound to make a conveyance or lease dies before making the same and the personal representative fails or refuses to perform in accordance with the decedent's contract, any person claiming to be entitled to the conveyance or lease may petition the court for specific performance of the contract. Upon satisfactory proof the court may order the personal representative to make a conveyance or lease or may by its own order make a conveyance or lease to the person entitled thereto upon the performance of the contract.
(2)
Warranties. If the contract for a conveyance required the decedent to give warranties, any instrument given by the personal representative or order by the court shall contain the warranties required. The warranties are binding on the estate as though made by the decedent during the decedent's lifetime but do not bind the personal representative personally.
History:  1977 c. 449; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 860 - Probate — sale, mortgage and lease of property. › 860.11 - Special provisions in will; personal representative's duty to persons interested.

860.11
Special provisions in will; personal representative's duty to persons interested.
(1)
Restriction. Except as under sub. (4) if the will of the decedent contains provisions which restrict the freedom of the personal representative to sell, mortgage or lease property, the personal representative breaches the personal representative's duty to the persons interested if the personal representative sells, mortgages or leases the property other than in accordance with the restrictions.
(2)
Specific bequest. Except as under sub. (4) if the will of the decedent contains a specific bequest of property, the personal representative breaches the personal representative's duty to the specific beneficiary if the personal representative makes a lease of the property for a period which exceeds one year or mortgages or sells the property unless the specific beneficiary joins in the lease, mortgage or sale.
(3)
Prohibition. Except as under sub. (4) if the will of the decedent contains provisions which prohibit the sale, mortgage or lease of property by the personal representative, the personal representative breaches the personal representative's duty to the persons interested if the personal representative sells, mortgages or leases such property.
(4)
Court may order sale, mortgage or lease. If the will of the decedent contains limitations described in sub. (1), (2) or (3) and the personal representative is unable to pay the allowances, expenses of administration and claims while complying with the limitations in the will, the court shall order the personal representative to sell, mortgage or lease the property in accordance with the appropriate terms and conditions of an order made after petition and hearing on notice given under s. 879.03 to all persons interested and all creditors of the estate.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 860 - Probate — sale, mortgage and lease of property. › 860.13 - Who not to be purchaser, mortgagee or lessee without court approval.

860.13
Who not to be purchaser, mortgagee or lessee without court approval.
The personal representative may not be interested as a purchaser, mortgagee, or lessee of any property in the estate unless the purchase, mortgage, or lease is made with the written consent of the persons interested and of the guardian ad litem for minors and individuals adjudicated incompetent or with the approval of the court after petition and hearing on notice given under s. 879.03 to all persons interested, or unless the will of the decedent specifically authorizes the personal representative to be interested as a purchaser, mortgagee, or lessee.
History:  2005 a. 387.
This section gives a circuit court authority to approve a sale of estate property to a personal representative, but it does not list any criteria for the court to apply in making that decision. When a statute grants a circuit court broad authority to act, without constraining the court's authority in any way, it makes sense to review the court's decision for an erroneous exercise of discretion. Piette v. Horn, 2015 WI App 41, 361 Wis. 2d 484, 864 N.W.2d 900, 14-1688.
The circuit court appropriately considered the following factors when approving a sale subject to this section: 1) the likelihood that the sale price would be higher than the personal representative's offer if the property were offered for public sale, balanced against the attendant delay and increased holding costs that would result from publicly listing the property for sale; 2) the relative interests of the parties in the proceeds of the sale; 3) the property's highest and best use; 4) the property's physical characteristics and improvements; 5) the various appraisals, and the expertise and credibility of the appraisers; and 6) the lack of evidence of self-dealing by the personal representative. Piette v. Horn, 2015 WI App 41, 361 Wis. 2d 484, 864 N.W.2d 900, 14-1688.
2023 Wisconsin Statutes & Annotations › Chapter 861 - Probate — family rights. › 861.01 - Ownership of marital property at death.

861.01
Ownership of marital property at death.
(1)
Surviving spouse's one-half interest in marital property. Upon the death of either spouse, the surviving spouse retains his or her undivided one-half interest in each item of marital property. The surviving spouse's undivided one-half interest in each item of marital property is not subject to administration. Ownership and management and control rights are set forth under ss. 857.01 and 857.015.
(2)
Interest of a 3rd party in marital property. A 3rd party who is a successor in interest to all or part of the decedent's 50 percent interest in marital property is a tenant in common with the surviving spouse.
(3m)
Personal injury damages; lost earnings. Section 766.31 (7m) determines the rights of a surviving spouse to that part of a personal injury claim that represents future lost earnings of the surviving spouse.
(4)
Enforcement of surviving spouse's marital property rights in nonprobate assets. Section 766.70 applies to enforcement of a surviving spouse's marital property rights in nonprobate assets.
(5)
Division of marital property on aggregate basis. Section 766.31 (3) (b) determines how marital property may be divided upon the death of a spouse.
History:  1983 a. 186; 1985 a. 37; 1987 a. 393; 2005 a. 216.
New probate and non-probate property elections under Wisconsin's marital property act. Erlanger and Weisberger. WBB Oct. and Nov. 1986.
Wisconsin's New Probate Code. Erlanger. Wis. Law. Oct. 1998.