reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 863 - Closing estates. › 863.35 - Dormant estates.

863.35
Dormant estates.
(1)
If under formal administration final judgment is not entered in an estate within 18 months after filing of the petition for administration and the estate is not open pursuant to an order extending time, the judge shall order the attorney and the personal representative for the estate to show cause why final judgment has not been entered and shall proceed under s. 857.09.
(2)
If under informal administration under ch. 865 the estate has not been closed by sworn affidavit within 18 months after filing of the petition for administration and the estate is not open pursuant to an order extending time, the probate registrar shall order the personal representative for the estate to show cause why the estate has not been closed. If cause is not shown the probate registrar shall appoint a new personal representative acceptable to all interested parties other than creditors of the deceased who shall proceed under ch. 865.
History:  1971 c. 40; 1973 c. 39.
2023 Wisconsin Statutes & Annotations › Chapter 863 - Closing estates. › 863.37 - Distribution of money or other property where payment or transfer is prohibited.

863.37
Distribution of money or other property where payment or transfer is prohibited.
(1)
If the laws, executive orders or regulations of the United States prohibit payment, conveyance, transfer, assignment or delivery of property to a legatee, devisee, ward or beneficiary of an estate or trust, or to any person on his or her behalf, the court, after notice to the person under s. 879.03, may by judgment or decree authorize such disposition of the property as is or may be permissible under or in conformity with the laws, executive orders or regulations of the United States.
(2)
(a)
Whenever payment of a legacy or a distributive share cannot be made to the person entitled to payment or it appears that the person may not receive or have the opportunity to obtain payment, the court may, on petition of a person interested or on its own motion, order that the funds be paid or delivered to the secretary of revenue for deposit as provided under subch. VIII of ch. 177. Claims on the funds may be made under s. 863.39 within 10 years after the date of publication under s. 177.0503. When a claimant to the funds resides outside the United States or its territories the court may require the personal appearance of the claimant before the court.
(b)
Notwithstanding par. (a), whenever moneys arising from an unclaimed legacy or unclaimed intestate property have been deposited with the state treasurer on or after April 1, 1971, but before April 30, 1980, claims may be made for the property under s. 863.39 within 10 years after April 30, 1980.
History:  1977 c. 449; 1979 c. 221; 1983 a. 408; 1997 a. 188; 2013 a. 20; 2021 a. 87.
2023 Wisconsin Statutes & Annotations › Chapter 863 - Closing estates. › 863.39 - Escheats.

863.39
Escheats.
(1)
Generally. If any legacy or intestate property is not claimed by the distributee within 120 days after entry of final judgment, or within the time designated in the judgment, it shall be converted into money as close to the inventory value as possible and paid to the administrator, as defined in s. 177.01 (1), for deposit as provided under s. 177.0801. Claims for the money shall be made under sub. (3).
(2)
Foreign distributee. If notice is given to a distributee domiciled in a foreign country under s. 879.03 and the distributee is not heard from within 120 days after entry of final judgment of distribution, or within a longer time designated in the judgment, the property which the distributee would take shall not escheat, but shall descend as intestate property.
(3)
Recovery of money.
(a)
Within 10 years after the date of publication under s. 177.0503, any person claiming any amount deposited under sub. (1) may file in the probate court in which the estate was settled a petition alleging the basis of his or her claim. The court shall order a hearing upon the petition, and 20 days' notice of the hearing and a copy of the petition shall be given by the claimant to the department of revenue and to the attorney general, who may appear for the state at the hearing. If the claim is established it shall be allowed without interest, but including any increment which may have occurred on securities held, and the court shall so certify to the department of administration, which shall audit the claim. The secretary of revenue shall pay the claim out of the appropriation under s. 20.566 (4) (j). Before issuing the order distributing the estate, the court shall issue an order determining the death tax due, if any. If real property has been adjudged to escheat to the state under s. 852.01 (3) the probate court which made the adjudication may adjudge at any time before title has been transferred from the state that the title shall be transferred to the proper owners under this subsection.
(b)
Notwithstanding par. (a), whenever moneys arising from an unclaimed legacy or unclaimed intestate property have been deposited with the state treasurer on or after April 1, 1971, but before April 30, 1980, claims may be made for the property under this section within 10 years after April 30, 1980.
History:  1979 c. 221; 1983 a. 408; 1987 a. 27 s. 3200 (47); 1993 a. 486; 2013 a. 20; 2021 a. 87, 240.
Cross-reference:  See ch. 24 for procedure for handling escheated lands.
Cross-reference:  See s. 895.42 as to deposit of undistributed money and property with public administrator or bank with trust powers.
The personal representative of a known deceased person is a proper party to claim an unclaimed legacy. The court can determine the date of death to determine entitlement to the fund. Estate of Rosenstein, 47 Wis. 2d 494, 177 N.W.2d 372 (1970).
2023 Wisconsin Statutes & Annotations › Chapter 863 - Closing estates. › 863.43 - Distribution to ward; notice.

863.43
Distribution to ward; notice.
At least 10 days prior to distribution of a share or legacy for the benefit of a minor or individual adjudicated incompetent for whom a guardian of the estate has been appointed, the personal representative shall notify the court appointing the guardian of the estate, in writing, the total property to be distributed to the guardian of the estate for the benefit of the guardian's ward. An affidavit of mailing the notice shall be filed before making the distribution.
History:  1993 a. 486; 2005 a. 387.
2023 Wisconsin Statutes & Annotations › Chapter 863 - Closing estates. › 863.45 - Receipts from guardians.

863.45
Receipts from guardians.
If a distributee of an estate is a minor or an individual adjudicated incompetent and has within this state a guardian of his or her estate, the personal representative shall deliver the money or other property to the guardian of the estate, take a receipt from the guardian of the estate, and file the receipt with the court. The court shall transmit a certified copy of the receipt to the court which appointed the guardian of the estate.
History:  1977 c. 449; 2005 a. 387.
Cross-reference:  See s. 54.12, which describes the situations in which a guardian is not required for a minor or incompetent.
Cross-reference:  See s. 54.64 (6), which provides procedure for payment to and receipt by a foreign guardian.
2023 Wisconsin Statutes & Annotations › Chapter 863 - Closing estates. › 863.46 - Remedy of creditors of certain heirs and legatees; service of citation.

863.46
Remedy of creditors of certain heirs and legatees; service of citation.
(1)
If any legacy or distributive share of any estate belongs to any debtor who has absconded from or is a nonresident of this state, any of his or her creditors may petition to intervene in the probate proceedings to compel the application of the legacy or distributive share to the payment of his or her debt.
(2)
If the appearance of the debtor is necessary for the proceedings, the creditor may serve the debtor with a citation in the manner provided by s. 879.05.
(3)
Upon proof of service, the court shall consider the petition at the time fixed in the citation. The court may grant such relief as it determines is just. Any order, judgment or determination made in the proceedings is binding on the debtor. If the claim is not a judgment and any issue arises in the proceedings related to the debt, the court may stay the proceedings pending the final determination of the issue. The court may at any time require the petitioner to give a bond in such sum and with such sureties for costs and damages as it deems proper.
History:  1985 a. 29.
2023 Wisconsin Statutes & Annotations › Chapter 863 - Closing estates. › 863.47 - Order of discharge of personal representative.

863.47
Order of discharge of personal representative.
Upon proof of the recording of certified copies of the final judgment or abridgments thereof, if required by s. 863.29, and upon the filing of receipts from the distributees for all other property assigned in the final judgment, or other evidence of transfer satisfactory to the court, the court shall enter an order finding those facts, discharging the personal representative and canceling the personal representative's bond.
History:  1973 c. 233; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 863 - Closing estates. › 863.49 - Inactive estates; summary discontinuance.

863.49
Inactive estates; summary discontinuance.
The court may by order upon its own motion and without notice summarily discontinue any administration in which no paper has been filed for more than 5 years and may cancel the bond.
History:  1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.01 - Applicability of informal administration.

865.01
Applicability of informal administration.
“Informal administration of estates" means the administration of decedents' estates, testate and intestate, without exercise of continuous supervision by the court. Administrative action by the probate registrar is not action by the court. Informal administration proceedings are, nevertheless, circuit court proceedings, records of which shall be kept in the same manner as they are kept for formal proceedings; all of the duties and powers of registers in probate, including the certification of papers filed in the probate court, apply to informal proceedings in the same manner as they apply to formal proceedings. All provisions of chs. 851 to 879 not inconsistent with this chapter shall apply to the informal administration of estates.
History:  1973 c. 39; 1975 c. 331; 1977 c. 449.
Informal administration of decedents' estates in Wisconsin. 1974 WLR 581.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.02 - Use of informal administration.

865.02
Use of informal administration.
(1)
Informal administration may be used:
(a)
Where the decedent died testate and:
1.
The will does not prohibit the use of informal administration;
2.
The will names a personal representative who accepts such appointment;
3.
Bond is furnished if required under s. 865.07 as provided under s. 856.25; and
4.
The probate registrar may appoint a guardian ad litem, and shall have the authority, for such purpose, granted to the court by, and shall proceed pursuant to s. 879.23.
(b)
Where the decedent died intestate or the requirements of par. (a) 2. and 3. are not satisfied and:
1.
All interested persons request or consent in writing to informal administration and to the appointment of the same person as personal representative. A guardian or guardian ad litem may consent on behalf of an interested person who is a minor or is an individual adjudicated incompetent. The probate registrar may appoint a guardian ad litem, and shall have the authority, for such purpose, granted to the court by, and shall proceed pursuant to s. 879.23.
2.
Bond is furnished if required under s. 865.07 as provided under s. 856.25.
(2)
Where the will of the decedent expressly prohibits informal administration it shall not be used.
History:  1973 c. 39; 1975 c. 331; 2005 a. 387.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.03 - Formal proceedings: nature; effect.

865.03
Formal proceedings: nature; effect.
(1)
A formal proceeding in this chapter is a judicial proceeding before the court involving the administration of the estate of a decedent, including a court proceeding concerning the use or availability of this chapter. It is distinguished from an administrative proceeding before the probate registrar. Formal proceedings, either as to a particular issue or as to the entire subsequent administration of the estate, may be initiated by the personal representative or by any interested person at any time by a written demand therefor. Formal proceedings may be demanded by a guardian or guardian ad litem on behalf of an interested person who is a minor or is an individual adjudicated incompetent.
(2)
A demand for formal proceedings shall be served on the personal representative, if any, and filed with the court. Service of a demand on the personal representative or, if none is appointed, filing of a demand with the court shall suspend informal administration as to the issues or matters referred to therein and shall suspend the powers of the personal representative in respect thereto until the same are reinstated by the court.
History:  1973 c. 39; 2005 a. 387.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.031 - Effect of fraud and evasion.

865.031
Effect of fraud and evasion.
Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter, or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud, including restitution from any person, other than a bona fide purchaser, benefiting from the fraud, whether innocent or not. Any proceeding must be commenced within 2 years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than 5 years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during the decedent's lifetime which affects the succession of the decedent's estate.
History:  1973 c. 39; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.04 - Proceedings independent; exceptions.

865.04
Proceedings independent; exceptions.
(1)
Except where a demand for formal administration of the estate has been duly made:
(a)
Any interested person may apply for informal administration if administration of the estate has not been commenced under s. 856.07 or 879.57 or ch. 867; and
(b)
The personal representative may apply for informal administration at any time during administration.
(2)
The determination of each issue and the completion of each proceeding required for the administration of a decedent's estate is independent of any other issue or proceeding involving the same estate.
(3)
Petitions in formal proceedings during informal administration may combine various requests for relief if all the requests may be finally granted without delay.
(4)
Upon entry of an order or judgment in a formal proceeding informal administration shall resume except as otherwise ordered by the court.
History:  1973 c. 39, 243.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.05 - Notice: method and time of giving.

865.05
Notice: method and time of giving.
(1)
Notice of application to initiate administration of an estate under this chapter shall be given to the persons entitled thereto under s. 879.03 (2) and (3) in accordance with s. 879.05, unless waived under s. 879.09. Notice to creditors shall be given in accordance with s. 859.07.
(2)
When an estate is under formal administration and is to be made subject to this chapter the personal representative shall give notice to every interested person at least 20 days prior to filing with the probate registrar the application to initiate informal administration. Notice shall be given under s. 879.05, unless waived under s. 879.09.
(3)
When an estate is under informal administration and a demand for a formal proceeding has been made, the personal representative shall, within 10 days of receipt of the demand, mail to each person interested in the estate a statement disclosing the demand and its nature.
History:  1973 c. 39; 1975 c. 331; 1977 c. 73; 1989 a. 96.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.06 - Application; contents.

865.06
Application; contents.
(1)
The application to initiate informal administration shall be verified and shall be directed to the probate registrar of the court designated by s. 856.01 and shall state the information required by ss. 879.01 and 856.09, and whether any probate or administration proceeding concerning the estate of the decedent is pending in this state or elsewhere, and the nature of such proceeding, if any.
(2)
In addition to the statements required by sub. (1), where the decedent apparently died testate, the application shall state:
(a)
That the original will is in the possession of the court or accompanies the application, or that it was probated elsewhere and an authenticated copy accompanies the application;
(b)
That the applicant believes the will to have been executed properly and to be valid and that the applicant has made diligent inquiry and is unaware of any subsequent revocation of the will.
(3)
In addition to the statements required by sub. (1), where the decedent apparently died intestate, the application shall state that the applicant has made diligent inquiry and is unaware of any unrevoked testamentary instrument of the decedent.
(4)
An application for appointment of a successor personal representative shall adopt the statements of any previous application unless they no longer are accurate in which event corrected statements shall be made. Consents required by s. 865.02 shall be reaffirmed by all interested persons.
(5)
An application for informal administration in a pending estate shall incorporate all information otherwise required by this section and in addition shall set forth the name and post-office address of the personal representative of the estate.
History:  1973 c. 39; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.065 - Probate registrar: definition and powers.

865.065
Probate registrar: definition and powers.
(1)
The term “probate registrar" refers to the official of the court designated to perform the functions of probate registrar. The acts and orders which this chapter specifies as performable by the probate registrar may be performed either by the court or by a person, including the clerk, deputy clerk, register in probate, deputy register in probate and court legal assistant, designated by the court by a written order filed and recorded in the office of the court. The probate registrar shall be an officer of the court and, unless prohibited by the court, shall be entitled to use the court seal.
(2)
The probate registrar, the deputy or members of the staff of the probate registrar, or other persons designated to perform the duties of the probate registrar under this chapter, shall advise, within their competence, in the preparation of any of the documents required to be prepared and filed by the personal representative under this chapter.
History:  1973 c. 39; 1975 c. 331; 1977 c. 343, 449.
A probate registrar is an official of the county court, and ss. 256.22 and 59.40 [now ss. 757.22 and 59.41] would prohibit an attorney who serves as probate registrar from practicing law in county [now circuit] court. 63 Atty. Gen. 55.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.07 - Determinations required of probate registrar.

865.07
Determinations required of probate registrar.
(1)
Where no administration proceedings are pending, upon receipt of an application for informal administration the probate registrar shall determine whether:
(a)
The application is complete including verification and the applicant is an interested person;
(b)
The court of the county in which the application is made has jurisdiction of the estate of the decedent;
(c)
The requests and consents required by s. 865.02 (1) (b) are complete and notice has been given as required under s. 865.05;
(d)
The decedent died intestate or testate and, if testate, whether the original will is in the possession of the court or accompanies the application, contains an attestation clause showing compliance with the requirements of execution under s. 853.03 or 853.05 or includes an affidavit in substantially the form under s. 853.04 (1) or (2), and does not expressly prohibit informal administration;
(e)
The person nominated for personal representative is not disqualified under s. 856.23 or otherwise deemed unsuitable;
(f)
Bond may be required. The probate registrar shall have the authority granted to the court by, and shall proceed pursuant to, s. 856.25.
(2)
Where administration proceedings are pending either before the court or in another jurisdiction, upon receipt of an application for informal administration the probate registrar shall determine, in addition to the requirements of sub. (1), that no demand for formal administration has been made and, where the decedent died testate and the will was probated elsewhere, that an authenticated copy of the will and proof of probate accompany the application.
(3)
The failure of the probate registrar to make a determination on any of the items set forth in subs. (1) and (2) shall not be a defense in any suit at law against the personal representative.
History:  1973 c. 39; 2005 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.09 - Powers and duties; time of accrual.

865.09
Powers and duties; time of accrual.
(1)
A personal representative to whom letters have been issued by the probate registrar and whose letters have not been revoked has all the powers of a personal representative to whom letters have been issued by the court.
(2)
The duties and powers of a personal representative appointed under this chapter commence upon the personal representative's appointment. The personal representative's powers relate back in time to acts by the personal representative prior to appointment which are beneficial to the estate.
History:  1973 c. 39; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.10 - Personal representative to proceed without court order; exception.

865.10
Personal representative to proceed without court order; exception.
(1)
The personal representative shall proceed with the settlement and distribution of the decedent's estate and, except as provided by this chapter or required by interested persons, shall do so without adjudication, order or direction of the court. At any time, however, the personal representative may invoke the authority of the court to resolve questions concerning the estate or its administration. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate of the decedent according to its terms.
(2)
Any determination made in the course of informal administration or probate is subject to review and redetermination by the court in formal judicial proceedings at any time prior to termination of the appointment of the personal representative under s. 865.16 (2), or the entry of final judgment under ch. 863. Any such redetermination shall not affect the rights of bona fide purchasers and other 3rd parties dealing in good faith with an informally appointed personal representative.
History:  1973 c. 39; 1975 c. 331.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.11 - Inventory and tax returns.

865.11
Inventory and tax returns.
(1)
A personal representative who is not successor to another representative who previously has discharged this duty shall prepare an inventory of property owned by the decedent at the time of death. The inventory may indicate as to each listed item its fair market value and the amount of any encumbrance as of the death of the decedent and shall list the fair market value of and the amount of any encumbrance on bank and savings accounts, securities and real property. The probate registrar shall accept the inventory form filed with the department of revenue for death tax purposes for the purposes of this subsection.
(2)
The personal representative shall furnish a copy of the inventory to interested persons, and shall exhibit to but need not file a copy of the inventory with the probate registrar. He or she need not file the inventory, the death tax return, nor the federal estate tax return with the court but he or she may do so if it is in the best interest of the estate and the beneficiaries.
History:  1973 c. 39; 1975 c. 331; 1987 a. 27 s. 3200 (47).
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.12 - Employment of appraisers.

865.12
Employment of appraisers.
The personal representative may employ a qualified and disinterested appraiser to assist in ascertaining values of any assets where valuation is subject to reasonable doubt. The name and address of any appraiser so employed shall be indicated on the inventory with the item or items appraised by the appraiser, notwithstanding the omission from the inventory of the value thereof. Any interested person may invoke the jurisdiction of the court to require an appraisal or to contest said appraisals.
History:  1973 c. 39; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.13 - Personal representative may pay claims.

865.13
Personal representative may pay claims.
The personal representative may pay in good faith just demands against the estate, whether filed as a claim or not, on or before the deadline for filing a claim under s. 859.01, or at any time with the consent of the heirs or beneficiaries affected by the payment. In paying a claim the personal representative may deduct any counterclaim which the estate has against the claimant. Any claim filed shall be allowed or disallowed according to ch. 859.
History:  1973 c. 39; 1975 c. 331; 1989 a. 96.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.14 - Improper distribution; liability of distributee.

865.14
Improper distribution; liability of distributee.
A distributee of property which was distributed or paid improperly and a claimant who was paid improperly are liable to return the property or assets so distributed or paid together with all income received thereon, unless the distribution or payment cannot be questioned because of an adjudication, estoppel, limitation or other bar. If the distributee or claimant no longer has the property or assets, the distributee or claimant is liable to return the value thereof as of the date of distribution together with all income and gain received thereon.
History:  1973 c. 39; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.15 - Purchasers from distributees protected.

865.15
Purchasers from distributees protected.
If property distributed in kind or a security interest therein is acquired from a distributee by a purchaser, or lender, in good faith, for value and without actual notice that the distribution was improper, the purchaser or lender takes title free of any claims of the estate and incurs no personal liability to the estate, whether or not the distribution was proper. Purchasers and lenders have no duty to inquire whether a distribution was proper.
History:  1973 c. 39.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.16 - Closing estates by sworn statement.

865.16
Closing estates by sworn statement.
(1)
As an alternative to closing an estate under ch. 863, a personal representative may close an estate by filing with the probate registrar a verified statement that the personal representative, or a prior personal representative whom he or she has succeeded, has:
(a)
Duly given notice to interested persons under s. 865.05 and to creditors under s. 859.07, and that the deadline for filing a claim under s. 859.01 has passed prior to the date of the statement;
(b)
Fully administered the estate of the decedent by making payment, settlement or other disposition of all claims which were presented, expenses of administration, reasonable funeral and burial expenses and death and other taxes, except as expressly specified otherwise, and that the assets of the estate have been inventoried and distributed to the persons entitled to them. If any claims, expenses or taxes remain undischarged, the statement shall disclose in detail all arrangements made to accommodate the outstanding liabilities; and
(c)
Sent a copy of the statement to all distributees of the estate and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred and has furnished a full account in writing of the personal representative's administration to the distributees whose interests are affected thereby.
(1m)
The probate registrar may review the statement to determine whether the amount of attorney fees, if any, are just and reasonable under s. 851.40. If, in the probate registrar's judgment, the amount of such attorney fees appear unjust and unreasonable, the probate registrar shall refer the matter to the court for such proceeding or action as the court deems appropriate.
(2)
If no proceedings challenging the statement or otherwise involving the personal representative are pending in the court 6 months after the statement is filed, appointment of the personal representative terminates. A personal representative who closes an estate under this subsection may comply with the accounting requirements of ch. 862.
History:  1973 c. 39; 1975 c. 329, 331, 421; 1977 c. 267; 1987 a. 27; 1989 a. 96; 1993 a. 486, 490.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.17 - Liability of distributees to claimants.

865.17
Liability of distributees to claimants.
After assets of an estate have been distributed, and subject to s. 865.19, an undischarged claim not barred by notice under s. 859.07 or otherwise may be prosecuted in a proceeding against one or more distributees of property from an estate administered under this chapter. No distributee shall be liable to claimants for amounts in excess of the value of the distributee's distribution as of the time of distribution. As among distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration.
History:  1973 c. 39; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.18 - Limitations on proceedings against personal representative.

865.18
Limitations on proceedings against personal representative.
Unless barred by adjudication and except as provided in the closing statement, the rights of interested persons and of creditors whose claims have not otherwise been barred against the personal representative for breach of fiduciary duty are barred unless a proceeding to assert the same is commenced within 6 months after the filing of the closing statement. Rights thus barred do not include recovery for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.
History:  1973 c. 39.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.19 - Limitations on actions and proceedings against distributees.

865.19
Limitations on actions and proceedings against distributees.
(1)
Unless previously adjudicated in a formal testacy proceeding or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is forever barred at the later of:
(a)
Three years after the decedent's death; or
(b)
One year after the time of distribution thereof.
(2)
This section does not bar an action to recover property or value received as the result of fraud or an action by a creditor where notice was not given under s. 859.07.
History:  1973 c. 39.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.20 - Termination of joint tenancy or life estate.

865.20
Termination of joint tenancy or life estate.
(1)
As an alternative to ss. 867.04 and 867.045, the personal representative may file with the probate registrar a verified statement describing property in which the decedent had an interest as joint tenant or life tenant, including the recording data, if any, of the document creating the joint tenancy or life estate. Valuations need not be set forth in the statement.
(2)
Upon being filed with the probate registrar, the statement shall be presumed to be evidence of the facts recited and of the termination of the decedent's interest in the property listed on it as if a certificate terminating joint tenancy or life estate had been issued by the court under s. 867.04. If the statement describes an interest in real property or a debt which is secured by an interest in real property a certified copy or duplicate original of the statement may be recorded in the office of the register of deeds in each county in this state in which real property is located. This statement does not release any death tax lien.
History:  1975 c. 331; 1981 c. 376; 1987 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.201 - Confirmation of interest in property.

865.201
Confirmation of interest in property.
(1)
As an alternative to s. 867.046 the personal representative may file with the probate registrar a verified statement describing property in which the decedent had an interest in marital property or in which any designated person, trust, or other entity has an interest passing by nontestamentary disposition under s. 705.15, 705.18, or 766.58 (3) (f), including the recording data, if any, of the document creating the interest and any right of survivorship. Valuations need not be set forth in the statement.
(2)
Upon filing under sub. (1), the statement constitutes prima facie evidence of the facts recited and evidences the termination of the decedent's interest and the confirmation of the surviving spouse's or the designated person's trust's or other entity's interest in the property listed, with the same effect as if a certificate had been issued by the court under s. 867.046. If the statement describes an interest in real property or a debt secured by an interest in real property, the personal representative may record the statement in the office of the register of deeds in each county in this state in which real property is located.
History:  1983 a. 186; 1985 a. 37; 1993 a. 301; 2005 a. 206; 2021 a. 201.
2023 Wisconsin Statutes & Annotations › Chapter 865 - Probate — informal administration. › 865.202 - Transfer of interest in property.

865.202
Transfer of interest in property.
(1)
If the estate is closed under s. 865.16, the personal representative may file with the probate registrar a verified statement describing property in which the decedent had an interest other than an interest specified in s. 865.20 or 865.201, including the recording data, if any, of the document creating the interest, and specifying the persons to whom the property is distributed. Valuations need not be set forth in the statement.
(2)
Upon being filed with the probate registrar, the statement shall be presumed to be evidence of the facts recited, of the termination of the decedent's interest in the property listed and of the transfer of the interest in the property to the persons entitled to the interest, as if a final judgment regarding the distribution of the property had been issued by the court under s. 863.27. If the statement describes an interest in real property or a debt that is secured by an interest in real property a certified copy or duplicate original of the statement shall be recorded in the office of the register of deeds in each county in this state in which the real property is located.
History:  1999 a. 94.
2023 Wisconsin Statutes & Annotations › Chapter 867 - Probate — summary procedures. › 867.04 - Termination of joint tenancy and life estate.

867.04
Termination of joint tenancy and life estate.
If a domiciliary of this state dies who immediately prior to death had an estate for life or an interest as a joint tenant in any property, or if a person not domiciled in this state dies having such an interest in property in this state, upon petition of any person interested in the property to the court of the county of domicile of the decedent, or if the decedent was not domiciled in this state, of any county where the property is situated, the court shall issue a certificate, under the seal of the court. The certificate shall set forth the fact of the death of the life or joint tenant, the termination of the life estate or joint tenancy interest, the right of survivorship of any joint tenant and any other facts essential to a determination of the rights of persons interested. The certificate is prima facie evidence of the facts recited, and if the certificate relates to an interest in real property or to a debt that is secured by an interest in real property, a certified copy or duplicate original of the certificate shall be recorded by the petitioner in the office of the register of deeds in each county in this state in which the real property is located.
History:  1977 c. 449; 1999 a. 85.
Cross-reference:  See s. 863.27 which deals with the termination of life estate and joint tenancy in the final judgment of an estate.
Cross-reference:  See s. 865.20 which provides an alternative method of termination of joint tenancy.
2023 Wisconsin Statutes & Annotations › Chapter 867 - Probate — summary procedures. › 867.07 - Grounds for appointment of special administrator.

867.07
Grounds for appointment of special administrator.
Whenever it appears by petition to the court that a person has died and the court would have jurisdiction for the administration of the person's estate, the court may appoint a special administrator if it appears that:
(1)
There is no estate to be administered and an act should be performed on the part of the decedent, the performance of which affects or is of importance to the petitioner or any other person.
(2)
The final judgment of distribution in the estate has been entered and an act remains unperformed in the estate, or that unadministered assets have been found or may be found belonging to the estate.
(3)
The estate can be settled under s. 867.01 or 867.02.
(4)
It is necessary to conserve or administer the estate of a decedent before letters can be issued to a personal representative.
(5)
Circumstances provided for in s. 867.05 (5) and (6) exist.
(6)
A cause of action exists for or against the decedent or the decedent's estate and that it is necessary that some act be performed before letters can be issued to a personal representative.
(7)
Other circumstances exist which in the discretion of the court require the appointment of a special administrator.
History:  1971 c. 307 s. 118; 1977 c. 449; 1987 a. 27 s. 3202 (47) (a); 1993 a. 486.
Cross-reference:  See s. 856.01 for jurisdiction for administration of estates.
This section does not provide a different procedure for taking depositions than that provided in ch. 804. In Matter of Estate of Berth, 157 Wis. 2d 717, 460 N.W.2d 436 (Ct. App. 1990).
A “Simple" Probate Should Not Be This Complicated: Principles and Proposals for Revising Wisconsin's Statutes for Probate Summary Procedures. Johnson. 2008 WLR 612.
2023 Wisconsin Statutes & Annotations › Chapter 867 - Probate — summary procedures. › 867.11 - Notice of hearing on petition for appointment of special administrator.

867.11
Notice of hearing on petition for appointment of special administrator.
The court shall determine whether notice of the hearing for the appointment of a special administrator need be given. If the court deems notice unnecessary or inexpedient or if the appointment should be made without delay, the court shall proceed to hear the matter without notice. If notice of hearing is required, it shall be given under s. 879.03.
2023 Wisconsin Statutes & Annotations › Chapter 867 - Probate — summary procedures. › 867.13 - Bond of special administrator.

867.13
Bond of special administrator.
If it appears that anything of value will come into the hands of the special administrator, the court may require the special administrator to give bond in the amount the court deems reasonable, except that no bond shall be required of any trust company bank, state bank or national banking association which is authorized to exercise trust powers and which has complied with s. 220.09 or 223.02. If the person appointed special administrator is subsequently appointed personal representative, the person's bond given as special administrator continues in effect as the person's bond as personal representative unless otherwise ordered by the court. Section 895.345 does not apply to bonds of special administrators.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 867 - Probate — summary procedures. › 867.17 - Powers, duties and liabilities of special administrator.

867.17
Powers, duties and liabilities of special administrator.
A special administrator who is appointed without notice of hearing shall have only those powers and duties that are specifically granted to the special administrator by order of the court. The court may, following a hearing on notice to or waiver of notice by all interested parties, grant the special administrator by general order the same powers, duties and liabilities as a personal representative, except as expressly limited by the order of the court. By order the court may expressly grant the special administrator powers and impose duties in addition to those granted by statute to personal representatives as may be necessary to accomplish the purpose for which the special administrator is appointed.
History:  1971 c. 40; 1993 a. 486.
Cross-reference:  As defined in s. 851.23 “personal representative" as used in chs. 851 to 882 does not include “special administrator".
2023 Wisconsin Statutes & Annotations › Chapter 867 - Probate — summary procedures. › 867.19 - Compensation of special administrator.

867.19
Compensation of special administrator.
The special administrator shall be allowed all necessary expenses incurred in the care and management of the estate and the performance of the special administrator's duties; for the special administrator's services the special administrator shall be allowed the compensation the court deems reasonable. If a special administrator is subsequently appointed personal representative, his or her compensation as special administrator may be considered and fixed at the time his or her compensation as personal representative is determined.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 867 - Probate — summary procedures. › 867.21 - Termination of authority and discharge of special administrator.

867.21
Termination of authority and discharge of special administrator.
(1)
When no personal representative is to be appointed. The special administrator shall be discharged whenever the court is satisfied that the special administrator has properly performed his or her duties. Before discharging the special administrator the court may require the special administrator to file any accounts or reports which the court deems necessary. Discharge may be granted with or without notice as the court determines. If notice of hearing upon the application for discharge is required, it shall be given under s. 879.03.
(2)
Upon granting letters to a personal representative. Upon the granting of letters to a personal representative of the estate of the decedent, the power of the special administrator ceases and the special administrator shall forthwith file the special administrator's account and deliver to the personal representative all property of the estate which the special administrator has in his or her possession. The court may accept the written receipt of the personal representative as evidence of delivery and upon approving the special administrator's account shall discharge the special administrator. If the special administrator is appointed personal representative, the special administrator need not file an account as special administrator unless the special administrator's bond is not continued as his or her bond as personal representative. If no accounting as special administrator is made the special administrator shall account for the special administration in his or her account as personal representative.
History:  1993 a. 486.
The discharge under sub. (1) of a special administrator who has “properly performed his duties" is limited to when the special administration has been completed. Fundamental notions of fair play require that if a special administrator is to be removed while special administration continues, he or she must be provided an opportunity to respond to any charges that, to the court, justify removal. Estate of White, 69 Wis. 2d 649, 231 N.W.2d 194 (1975).
2023 Wisconsin Statutes & Annotations › Chapter 868 - Probate — ancillary procedures. › 868.05 - Foreign wills; certificate of assignment.

868.05
Foreign wills; certificate of assignment.
(1)
Petition. If a will devising or bequeathing property in this state or any interest therein has been admitted to probate in any state, and 6 years have passed since the death of the decedent, the court of any county in which any of the property is situated may, upon petition accompanied by an authenticated copy of the will and its probate, issue a certificate of assignment.
(2)
Certificate. If it appears that the foreign will has been admitted to probate and that no Wisconsin death tax is owing or has been paid, the court may issue a certificate so showing; the certificate shall give the names of the beneficiaries, a description of the property and interest of each in the property. The certificate or a duplicate or a certified copy when recorded in the office of the register of deeds of the county in which the property is situated shall be prima facie evidence of the facts recited.
History:  1977 c. 449; 1987 a. 27 s. 3200 (47).
Cross-reference:  See s. 72.27 (2) which deals with jurisdiction to determine inheritance tax on property of nonresident decedents.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.01 - Tort actions on surviving causes.

877.01
Tort actions on surviving causes.
If a cause of action survives under ch. 895, a personal representative may maintain an action on the cause of action against the wrongdoer in every case in which the decedent could, if living, maintain the action and, after the wrongdoer's death, against the wrongdoer's personal representative, except that this section shall not extend to actions for slander or libel.
History:  1979 c. 32 s. 55; 1979 c. 176; Stats. 1979 s. 777.01; 2001 a. 102 s. 100; Stats. 2001 s. 877.01.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.03 - Multiple personal representatives to be considered one.

877.03
Multiple personal representatives to be considered one.
In an action or proceeding against more than one personal representative of an estate, all of the personal representatives shall all be considered to be representing the decedent. Service of the summons on one personal representative shall constitute service on all, although the plaintiff may serve each of them. Judgment shall be rendered as if all had been served and execution may be issued against the property of the decedent as if all had appeared.
History:  1979 c. 32 s. 55; Stats. 1979 s. 777.03; 2001 a. 102 s. 101; Stats. 2001 s. 877.03.