reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 846 - Real estate foreclosure. › 846.165 - Application for confirmation of sale and for deficiency judgment.

846.165
Application for confirmation of sale and for deficiency judgment.
No sale on a judgment of mortgage foreclosure shall be confirmed unless 5 days' notice has been given to all parties that have appeared in the action. Such notice shall be given either personally or by registered mail directed to the last-known post-office address, mailed at least 5 days prior to the date when the motion for confirmation is to be heard, if any post-office address is known; if not known, mailing may be dispensed with but an affidavit shall be filed with the court stating that the address is not known, and the notice shall state, in addition to other matter required by law, the amount of the judgment, the amount realized upon the sale, the amount for which personal judgment will be sought against the several parties naming them, and the time and place of hearing.
History:  1973 c. 189 s. 7; Stats. 1973 s. 816.165; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.165; 2017 a. 208.
Cross-reference:  For tardy confirmation of sale, after 6 years, see s. 846.18.
The purchaser at a foreclosure sale has a right to notice of when the sale has been confirmed, when the mortgagor's redemption period ends, and when the 10-day payment period under s. 846.17 [now s. 846.16 (2m) (b)] expires. GMAC Mortgage Corp. v. Gisvold, 215 Wis. 2d 459, 572 N.W.2d 466 (1998), 96-1663.
This section does not preclude a purchaser from obtaining a confirmation hearing when the mortgagee's application for confirmation has been withdrawn. This affords the purchaser an opportunity to have the court decide whether it is entitled to transfer of the property under applicable law, and does not undermine the rights of the lienholders and mortgagor to object to certification as provided by law. JP Morgan Chase Bank, NA v. Green, 2008 WI App 78, 311 Wis. 2d 715, 753 N.W.2d 536, 07-1753.
The notice referred to throughout sub. (1) [now this section] is the notice of the first sentence that must be given to all parties that have appeared in the action. There is no requirement that when no party is entitled to personal notice under sub. (1) [now this section] there must be a general posting or publication of notice. There is no general hearing requirement or general motion-for-confirmation requirement that applies when no notice of hearing is required. Wells Fargo Bank, N.A. v. Biba, 2010 WI App 140, 329 Wis. 2d 787, 793 N.W.2d 95, 09-2273.
2023 Wisconsin Statutes & Annotations › Chapter 846 - Real estate foreclosure. › 846.18 - Tardy confirmation of sale.

846.18
Tardy confirmation of sale.
In all cases where a mortgage foreclosure sale has been made but not confirmed and the purchaser or the purchaser's successor or assign has taken possession of the land by virtue of said sale, and occupied it for 6 years from and after said sale, the purchaser may apply for and the court may enter an order confirming said foreclosure sale with the same force and effect as if said confirmation was made as otherwise provided by law.
History:  1973 c. 189 s. 7; Stats. 1973 s. 816.18; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); Stats. 1975 s. 846.18; 1993 a. 486.
This section does not establish that a purchaser may apply for confirmation only after 6 years of occupancy. It provides a remedy for purchasers or their successors or assigns when, for whatever reason, the sale is not confirmed according to the procedures in s. 846.165, but their occupancy for a sufficient period entitles them to confirmation by this alternative route. JP Morgan Chase Bank, NA v. Green, 2008 WI App 78, 311 Wis. 2d 715, 753 N.W.2d 536, 07-1753.
2023 Wisconsin Statutes & Annotations › Chapter 846 - Real estate foreclosure. › 846.25 - Discharge after foreclosure.

846.25
Discharge after foreclosure.
After a mortgage has been foreclosed by action and the judgment and costs have been paid and satisfaction of the mortgage entered upon the court record, the clerk of circuit court, on request, shall sign a certificate attesting to those facts, which certificate is entitled to record.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); 1995 a. 224.
Cross-reference:  For redemption from mortgage foreclosure, prior to sale, see s. 846.13.
2023 Wisconsin Statutes & Annotations › Chapter 846 - Real estate foreclosure. › 846.30 - Redemption period for land contracts.

846.30
Redemption period for land contracts.
If a court finds that the purchaser under a land contract is obligated to make certain payments under that land contract, that the purchaser has failed to make the required payments and that the vendor is entitled to a judgment of strict foreclosure, the court shall set a redemption period of at least 7 working days from the date of the judgment hearing or, if there is no hearing, from the date of the entry of the judgment order. No judgment of strict foreclosure is final until the court enters an order after the expiration of the redemption period confirming that no redemption has occurred and making the judgment of strict foreclosure absolute.
History:  1995 a. 250.
Equitable title remains with a land contract vendee until a circuit court enters an order under this section confirming the land contract vendee's default following the expiration of the redemption period for strict foreclosure. Steiner v. Wisconsin American Mutual Insurance Company, 2005 WI 72, 281 Wis. 2d 395, 697 N.W.2d 452, 03-1959.
The minimum redemption period was enacted to prevent a court from not affording any right to redemption when the vendee, or someone else so entitled, wanted one. Neither this purpose nor the language of the statute supports requiring a period of redemption even if all parties with a right to redemption waive that right. The use of the word shall does not mean that the vendee or whoever has the right to redemption may not waive it. Republic Bank of Chicago v. Lichosyt, 2007 WI App 150, 303 Wis. 2d 474, 736 N.W.2d 153, 06-1578.
Case law does not accord the right to redemption in strict foreclosure actions to judgment lienholders. Republic Bank of Chicago v. Lichosyt, 2007 WI App 150, 303 Wis. 2d 474, 736 N.W.2d 153, 06-1578.
2023 Wisconsin Statutes & Annotations › Chapter 847 - Miscellaneous real estate actions. › 847.01 - Action by settler on public lands.

847.01
Action by settler on public lands.
A settler on the public lands of the United States, under the laws thereof may maintain an action to recover possession of the lands settled upon or claimed, or an action for injury to, or interference with such lands. Such action may not be brought unless the land claimed is staked or otherwise marked out so that its boundaries can be readily traced and the extent of the claim known and unless the plaintiff occupies the land or has made improvements thereon to the value of $50. An action under this section, may not be brought if the land claimed exceeds 160 acres, located in one body or in different parcels, or if for 6 months next preceding the commencement of the action the plaintiff has not occupied or has neglected to cultivate the land claimed.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975).
2023 Wisconsin Statutes & Annotations › Chapter 847 - Miscellaneous real estate actions. › 847.03 - Removal of restrictions.

847.03
Removal of restrictions.
(1)
If all or part of the area of any city, village or town block is affected by restrictive deed provisions, restrictive covenants or agreements, if the first restriction affecting the property has existed for 30 years or more and if 75 percent or more of the area of the city, village or town block has not been developed with buildings of the type allowed by the restrictions, the owner of any part of the block may commence an action in the circuit court of the county where the land lies to remove the restrictive deed provisions, restrictive covenants or agreements. All adjacent property owners shall be named as defendants and shall be served with a copy of the complaint.
(2)
Notice of the commencement of the action, including a description of the area affected, shall be published in the county as a class 3 notice, under ch. 985. A lis pendens shall be filed in the office of the register of deeds upon commencement of the action.
(3)
The court may enter a judgment releasing the area from the effect of any restrictive deed provision, restrictive covenant or agreement contained whether the same appears in the deed to the area or block involved or in the deed to other lands or lots. No costs may be allowed or taxed against the defendants in such action.
(4)
Any property owner affected by the removal of the restrictions may petition in the action, to be allowed actual damages to compensate the owner for any actual damages the owner may sustain by such removal. No damages may flow automatically from the removal and damages shall be allowed by the court only upon a showing of actual injury. The court in granting or denying same shall take into consideration the development of the surrounding area including the commercial development in the immediate neighborhood.
History:  1973 c. 189; Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); 1977 c. 449; 1993 a. 246, 486.
2023 Wisconsin Statutes & Annotations › Chapter 847 - Miscellaneous real estate actions. › 847.05 - Actions between cotenants.

847.05
Actions between cotenants.
One joint tenant or tenant in common, or his or her personal representative, may maintain an action for money had and received against a cotenant for receiving more than the cotenant's just proportion of the rents or profits of the estate owned by them as joint tenants or tenants in common.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); 1993 a. 486; 2001 a. 102.
Rental payments may be due when the conduct of one cotenant results in the ouster of the other. Heyse v. Heyse, 47 Wis. 2d 27, 176 N.W.2d 316 (1970).
2023 Wisconsin Statutes & Annotations › Chapter 847 - Miscellaneous real estate actions. › 847.07 - Correction of description in conveyance.

847.07
Correction of description in conveyance.
(1)
The circuit court of any county in which a conveyance of real estate has been recorded may make an order correcting the description in the conveyance on proof being made to the satisfaction of the court that any of the following applies:
(a)
The conveyance contains an erroneous description, not intended by the parties to the conveyance.
(b)
The description is ambiguous and does not clearly or fully describe the premises intended to be conveyed.
(c)
The grantor of the conveyance is dead, a nonresident of the state, a corporation that has ceased to exist, or a personal representative, guardian, trustee, or other person authorized to convey who has been discharged from his or her trust and the grantee or his or her heirs, legal representatives, or assigns have been in the quiet, undisturbed, and peaceable possession of the premises intended to be conveyed from the date of the conveyance.
(2)
This section does not prevent an action for the reformation of any conveyance, and if in any doubt the court shall direct the action to be brought.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); 1977 c. 449; 2001 a. 102.
While no Wisconsin precedent specifically requires the original parties to be before the court, the presence of a party who has acquired intervening rights is ordinarily enough to defeat reformation. Chandelle Enterprises, LLC v. XLNT Dairy Farm, Inc. 2005 WI App 110, 282 Wis. 2d 806, 699 N.W.2d 241, 04-2423.
There is no statutory authority for accomplishing a correction of the description of the property conveyed by deed by recording a broker's affidavit. This section and its predecessor establish the proper procedure for seeking such a correction. Smiljanic v. Niedermeyer, 2007 WI App 182, 304 Wis. 2d 197, 737 N.W.2d 436, 06-3083.
2023 Wisconsin Statutes & Annotations › Chapter 847 - Miscellaneous real estate actions. › 847.09 - Discharge of mortgage or lien by court.

847.09
Discharge of mortgage or lien by court.
The circuit court of any county in which a mortgage, lien or charge is recorded may make an order discharging the mortgage, lien or charge of record on proof being made to the satisfaction of the court that the mortgage, lien or charge has been fully paid or satisfied and that the mortgagee or the owner of the lien or charge or his or her assignee is a corporation which has ceased to exist or which has no officer or agent in this state competent to discharge the same of record or that the mortgagee or the owner of the lien or charge or his or her assignee is a nonresident of the county where the mortgage, lien or charge is recorded, or is deceased, and in such case, that there is no administrator of the estate under the authority of this state. The register of deeds shall record the order or a copy thereof, certified by the clerk under the seal of the court, and the record shall have the same effect as the record of discharge by a mortgagee or owner of a lien or charge duly executed and acknowledged.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 768 (1975); 1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 847 - Miscellaneous real estate actions. › 847.10 - Antenna facilities.

847.10
Antenna facilities.
No restrictive deed provision, restrictive covenant or agreement that affects satellite antennas with a diameter of 2 feet or less may be applied to any property on or after May 6, 1994, unless one of the following applies:
(1)
The restrictive deed provision, restrictive covenant or agreement has a reasonable and clearly defined aesthetic or public health or safety objective.
(2)
The restrictive deed provision, restrictive covenant or agreement does not impose an unreasonable limitation on, or prevent, the reception of satellite-delivered signals by a satellite antenna with a diameter of 2 feet or less.
(3)
The restrictive deed provision, restrictive covenant or agreement does not impose costs on a user of a satellite antenna with a diameter of 2 feet or less that exceed 10 percent of the purchase price and installation fee of the antenna and associated equipment.
History:  1993 a. 400.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.002 - Definitions.

851.002
Definitions.
The definitions in ss. 851.01 to 851.31 apply to chs. 851 to 882.
History:  1979 c. 89; 1997 a. 188.
Wisconsin's New Probate Code. Erlanger. Wis. Law. Oct. 1998.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.055 - Deferred marital property.

851.055
Deferred marital property.
“Deferred marital property" means any property that satisfies all of the following:
(1)
Is not classified by ch. 766.
(1m)
Is not classified as individual property or marital property under a valid marital property agreement, unless the marital property agreement provides otherwise.
(2)
Was acquired while the spouses were married.
(3)
Would have been classified as marital property under ch. 766 if the property had been acquired when ch. 766 applied.
History:  1985 a. 37; 1987 a. 393; 1997 a. 188; 2005 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.065 - Devise.

851.065
Devise.
“Devise," when used as a noun, means a testamentary disposition of any real or personal property by will. “Devise," when used as a verb, means to dispose of any real or personal property by will.
History:  1997 a. 188; 2015 a. 196.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.07 - Distributee.

851.07
Distributee.
“Distributee" means any person to whom property of a decedent is distributed other than in payment of a claim, or who is entitled to property of a decedent under the decedent's will or under the statutes of intestate succession.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.09 - Heir.

851.09
Heir.
“Heir" means any person, including the surviving spouse, who is entitled under the statutes of intestate succession to an interest in property of a decedent. The state is an heir of the decedent and a person interested under s. 45.51 (10) and (11) when the decedent was a member of a Wisconsin veterans home operated by the department of veterans affairs under s. 45.50 at the time of the decedent's death.
History:  1973 c. 333 s. 201m; 1993 a. 486; 1999 a. 63; 2005 a. 22.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.13 - Issue.

851.13
Issue.
“Issue" means children, grandchildren, great-grandchildren, and lineal descendants of more remote degrees, including those who occupy that relation by reason of adoption under s. 854.20 and nonmarital children and their lineal descendants to the extent provided by s. 852.05.
History:  1981 c. 391; 1983 a. 447; 1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.17 - Net estate.

851.17
Net estate.
“Net estate" means all property subject to administration less the property selected by the surviving spouse or surviving domestic partner under s. 861.33, the allowances made by the court under ss. 861.31, 861.35 and 861.41 except as those allowances are charged by the court against the intestate share of the recipient, administration, funeral and burial expenses, the amount of claims paid and federal and state estate taxes payable out of such property.
History:  1987 a. 27; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.21 - Person interested.

851.21
Person interested.
(1)
Who are “persons interested". The following are “persons interested":
(a)
An heir of the decedent.
(b)
Except as provided in s. 853.32 (2) (e), a beneficiary named in any document offered for probate as the will of the decedent and includes a person named or acting as a trustee of any trust, inter vivos or testamentary, named as a beneficiary.
(c)
A beneficiary of a trust created under any document offered for probate as the will of the decedent.
(d)
A person named as personal representative in any document offered for probate as the will of the decedent.
(e)
Additional persons as the court by order includes as “interested persons".
(2)
Who cease to be “persons interested". The following cease to be “persons interested":
(a)
An heir of the decedent who is not a beneficiary under the will of the decedent, upon admission of the will to probate under ch. 856 or entry of a statement of informal administration under ch. 865.
(b)
A beneficiary named in documents offered for probate as the will of the decedent who is not an heir of the decedent, upon denial of probate to such documents.
(c)
A person named as personal representative or testamentary trustee in the will of the decedent, upon the person's failure to be appointed, the denial of letters by the court, or upon the person's discharge.
(d)
A beneficiary under the will of a decedent, upon full distribution to the beneficiary.
(e)
A beneficiary of a trust created under documents offered for probate as the will of the decedent upon the admission of the decedent's will to probate and the issuance of letters of trust to the trustee.
(f)
A parent who is barred from inheriting from his or her child's intestate estate under s. 852.14 (3).
(3)
Additional persons interested. In any proceedings in which the interest of a trustee of an inter vivos or testamentary trust, including a trust under documents offered for probate, conflicts with the trustee's duty as a personal representative, or in which the trustee or competent beneficiary of the trust cannot represent the interest of the beneficiary under the doctrine of virtual representation, the beneficiary is a person interested in the proceedings.
History:  1973 c. 39; 1993 a. 486; 2005 a. 216; 2015 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.23 - Personal representative.

851.23
Personal representative.
“Personal representative" means any person to whom letters to administer a decedent's estate have been granted by the court or by the probate registrar under ch. 865, but does not include a special administrator.
History:  1973 c. 39.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.27 - Property.

851.27
Property.
“Property" means any interest, legal or equitable, in real or personal property, without distinction as to kind, including money, rights of a beneficiary under a contractual arrangement, choses in action, digital property, as defined in s. 711.03 (10), and anything else that may be the subject of ownership.
History:  1997 a. 188; 2015 a. 300.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.30 - Surviving spouse.

851.30
Surviving spouse.
(1)
Subject to sub. (2), “surviving spouse" means a person who was married to the decedent at the time of the decedent's death.
(2)
“Surviving spouse" does not include any of the following:
(a)
An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each other or they subsequently hold themselves out as husband and wife.
(b)
An individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a 3rd individual.
(c)
An individual who was party to a valid proceeding concluded by an order purporting to terminate all property rights based on the marriage.
History:  1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.31 - Will.

851.31
Will.
Unless the context or subject matter indicates otherwise, “will" includes a codicil and any document incorporated by reference in a testamentary document under s. 853.32 (1) or (2). “Will" does not include a copy, unless the copy has been proven as a will under s. 856.17, but “will" does include a properly executed duplicate original.
History:  1997 a. 188; 2005 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.40 - Basis for attorney fees.

851.40
Basis for attorney fees.
(1)
Any attorney performing services for the estate of a deceased person in any proceeding under chs. 851 to 879, including a proceeding for informal administration under ch. 865, shall be entitled to just and reasonable compensation for such services.
(2)
Any personal representative, heir, beneficiary under a will or other interested party may petition the court to review any attorney's fee which is subject to sub. (1). If the decedent died intestate or the testator's will contains no provision concerning attorney fees, the court shall consider the following factors in determining what is a just and reasonable attorney's fee:
(a)
The time and labor required.
(b)
The experience and knowledge of the attorney.
(c)
The complexity and novelty of the problems involved.
(d)
The extent of the responsibilities assumed and the results obtained.
(e)
The sufficiency of assets properly available to pay for the services, except that the value of the estate may not be the controlling factor.
History:  1975 c. 329; 1993 a. 490.
Cross-reference:  See s. 865.16 (1m) review of attorney fees by the probate registrar.
An attorney's failure to communicate with one of the heirs, in violation of a court order, was an appropriate basis for reducing attorney fees. In Matter of Estate of Huehne, 175 Wis. 2d 33, 498 N.W.2d 870 (Ct. App. 1993).
An attorney's fee based on a contract to pay the attorney 4 percent of the gross estate violated sub. (2) (e). Reduction was a proper exercise of judicial discretion. Estate of Konopka, 175 Wis. 2d 100, 498 N.W.2d 853 (Ct. App. 1993).
Sub. (1) did not authorize payment for an attorney's services when it was in the estate's interest to let the interested parties litigate an issue and when, if the attorney's position prevailed, no property would have been added to the estate. Bell v. Neugart, 2002 WI App 180, 256 Wis. 2d 969, 650 N.W.2d 52, 01-2533.
Professional responsibility and probate practices. Martin, 1975 WLR 911.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.50 - Status of adopted persons.

851.50
Status of adopted persons.
The status of adopted persons for purposes of inheritance and transfers under wills or other governing instruments, as defined in s. 854.01 (2), is governed by ss. 854.20 and 854.21.
History:  1997 a. 188; 2005 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.55 - Simultaneous death.

851.55
Simultaneous death.
The transfer of or title to property that depends upon priority of death with respect to 2 or more persons who die simultaneously is governed by s. 854.03.
History:  1977 c. 214, 449; 1983 a. 186; 1993 a. 486; 1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.70 - Presumption in favor of orders.

851.70
Presumption in favor of orders.
When the validity of any order or judgment of a circuit court in a probate proceeding or certificate to terminate a life estate or joint tenancy in a death tax proceeding is drawn in question in another action or proceeding, everything necessary to have been done or proved to render the order, judgment or certificate valid and which might have been proved by parole evidence at the time of making the order or judgment and was not required to be recorded shall, after 20 years from that time, be presumed to have been done or proved unless the contrary appears on the same record.
History:  1977 c. 449; 1987 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.71 - Appointment and compensation of registers in probate.

851.71
Appointment and compensation of registers in probate.
(1)
In each county, the judges of the county shall appoint and may remove a register in probate. Appointments and removals may be made only with the approval of the chief judge. Before entering upon duties, the register in probate shall take and subscribe the constitutional oath of office and file it, together with the order of appointment, in the office of the clerk of circuit court.
(2)
One or more deputies may be appointed in the manner specified in sub. (1).
(3)
The salary of the register in probate and of any deputies shall be fixed by the county board and paid by the county.
(4)
In counties having a population of 750,000 or more, the appointment under subs. (1) and (2) shall be made as provided in those subsections but the judges shall not remove the register in probate and deputy registers, except through charges for dismissal made and sustained under s. 63.10.
History:  1977 c. 449; 1987 a. 15; 2011 a. 10; 2017 a. 207 s. 5.
A county's collective bargaining agreement cannot supersede the authority of circuit judges to appoint the register in probate. Iowa County v. Iowa County Courthouse, 166 Wis. 2d 614, 480 N.W.2d 499 (1992).
A register in probate has a plain legal duty to file and keep all papers properly filed. The register may refuse to accept a paper for which the proper fee is not paid and has no other grounds for refusing a pleading. Estate of Reise, 2002 WI App 83, 251 Wis. 2d 472, 642 N.W.2d 568, 01-2939.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.73 - Powers of registers in probate.

851.73
Powers of registers in probate.
(1)
The register in probate:
(a)
May make orders for hearings when the judge is away from the county seat or unable to discharge duties or when given authority in writing by the judge and an application is made to the court in a proceeding under chs. 54 and 851 to 879 requiring notice of hearing. The order and notice when signed “by the court, ...., register in probate" has the same effect as if signed by the judge.
(b)
Has the same powers as clerks of court to certify copies of papers, records and judicial proceedings. Copies certified by registers in probate are receivable in evidence as if certified by clerks of court.
(c)
Has the power to administer any oath required by law.
(d)
Has, when appointed for this purpose, the powers of deputy clerks as provided in s. 59.40 (1).
(e)
Has, when appointed for this purpose, the powers and duties of court reporters and assistant reporters specified in SCR 71.01.
(f)
May refuse to accept any paper for filing or recording until the fee prescribed by s. 814.66 or other applicable statute is paid.
(g)
Shall have the duties and powers of a circuit court commissioner assigned to assist in probate matters and shall act in that capacity when designated to do so by a judge assigned probate jurisdiction.
(2)
Subsection (1) applies to duly authorized deputy registers in probate.
History:  1977 c. 449; Sup. Ct. Order, eff. 1-1-80; 1983 a. 347; 1995 a. 201; 2001 a. 61 s. 117; 2005 a. 387.
2023 Wisconsin Statutes & Annotations › Chapter 851 - Probate — definitions and general provisions. › 851.75 - Register in probate may be appointed deputy clerk.

851.75
Register in probate may be appointed deputy clerk.
With the written approval of the chief judge of the judicial administrative district, the circuit judges for the county may appoint the register in probate a deputy clerk. Appointments by the circuit judges under this section shall be revocable by the circuit judges, subject to the approval of the chief judge, at pleasure. The appointments and revocations shall be in writing and shall be filed in the clerk's office.
History:  1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 852 - Intestate succession. › 852.03 - Related rules.

852.03
Related rules.
(1)
Per stirpes. If per stirpes distribution is called for under s. 852.01 (1) (b), (d) or (f), the rules under s. 854.04 apply.
(3)
Relatives of the half blood. Inheritance rights of relatives of the half blood are governed by s. 854.21 (4).
(4)
Posthumous heirs. Inheritance rights of a person specified in s. 852.01 (1) who was born after the death of the decedent are governed by s. 854.21 (5).
(5)
Related through 2 lines. Inheritance rights of a person who is related to the decedent through 2 lines of relationship are governed by s. 854.21 (6).
(6)
Taking through or by alien. No person is disqualified from taking as an heir because the person or a person through whom he or she claims is not or at some time was not a U.S. citizen. The rights of an alien to acquire or hold land in the state are governed by ss. 710.01 to 710.03.
History:  1993 a. 486; 1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 852 - Intestate succession. › 852.05 - Status of child born to unmarried parents for purposes of intestate succession.

852.05
Status of child born to unmarried parents for purposes of intestate succession.
(1)
A child born to unmarried parents, or the child's issue, is treated in the same manner as a child, or the issue of a child, born to married parents with respect to intestate succession from and through the child's mother, and from and through the child's father if any of the following applies:
(a)
The father has been adjudicated to be the father in a paternity proceeding under ch. 767 or by final order or judgment of a court of competent jurisdiction in another state.
(b)
The father has admitted in open court that he is the father.
(c)
The father has acknowledged himself to be the father in writing signed by him.
(2)
Property of a child born to unmarried parents passes in accordance with s. 852.01 except that the father or the father's kindred can inherit only if the father has been adjudicated to be the father in a paternity proceeding under ch. 767 or by final order or judgment of a court of competent jurisdiction in another state or has been determined to be the father under s. 767.804 or 767.805 or a substantially similar law of another state.
(3)
(a)
This section does not apply to a child who becomes a marital child by the subsequent marriage of the child's parents under s. 767.803.
(b)
The status of a child born to unmarried parents who is legally adopted is governed by s. 854.20.
(4)
Section 895.01 (1) applies to paternity proceedings under ch. 767.
History:  1979 c. 32 s. 92 (2); 1979 c. 352; 1981 c. 391; 1983 a. 447; 1993 a. 486; 1997 a. 188, 191; 2005 a. 216; 2005 a. 443 s. 265; 2019 a. 95.
Although a paternity proceeding may not be maintained posthumously, sub. (1) does not deny equal protection or due process to posthumous nonmarital children. In re Estate of Blumreich, 84 Wis. 2d 545, 267 N.W.2d 870 (1978).
The court properly looked to extrinsic evidence to determine whether a signed letter constituted a reasonably clear and certain acknowledgment of paternity. C.R. v. American Standard Ins. Co., 113 Wis. 2d 12, 334 N.W.2d 121 (Ct. App. 1983).
One claiming to be a nonmarital child under sub. (1) must first prove that status and overcome any presumption of paternity in effect. In Matter of Estate of Schneider, 150 Wis. 2d 286, 441 N.W.2d 335 (Ct. App. 1989).
Section 893.88, limiting only an action for the establishment of paternity, does not preclude a motion for the purpose of determining paternity in a probate proceeding. DiBenedetto v. Jaskolski, 2003 WI App 70, 261 Wis. 2d 723, 661 N.W.2d 869, 01-2189.
2023 Wisconsin Statutes & Annotations › Chapter 852 - Intestate succession. › 852.09 - Assignment of home to surviving spouse or surviving domestic partner.

852.09
Assignment of home to surviving spouse or surviving domestic partner.
If the intestate estate includes an interest in a home, assignment of that interest to the surviving spouse or surviving domestic partner is governed by s. 861.21.
History:  1993 a. 486; 1997 a. 188; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 852 - Intestate succession. › 852.10 - Disinheritance from intestate share.

852.10
Disinheritance from intestate share.
(1)
A decedent's will may exclude or limit the right of an individual or class to succeed to property passing by intestate succession.
(2)
The share of the intestate estate that would have passed to the individual or class described in sub. (1) passes as if the individual or each member of the class had disclaimed his or her intestate share under s. 854.13.
(3)
This section does not apply if the individual or all members of the class described in sub. (1) predecease the testator.
History:  1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 852 - Intestate succession. › 852.13 - Right to disclaim intestate share.

852.13
Right to disclaim intestate share.
Any person to whom property would otherwise pass under s. 852.01 may disclaim all or part of the property as provided under s. 854.13.
History:  1973 c. 233; 1977 c. 309; 1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 852 - Intestate succession. › 852.14 - Inheritance by a parent who abandons a child.

852.14
Inheritance by a parent who abandons a child.
(1)
In this section, “abandoned" means failed without cause to do all of the following for at least one year immediately before the death of a minor child:
(a)
Communicate with the minor.
(b)
Care for the minor as required by law or court order.
(c)
Provide for the minor's maintenance or support as required by law or court order.
(2)
(a)
A personal representative of a minor who died intestate who has actual knowledge or reasonable cause to believe that the minor was abandoned by a parent shall file a petition with the probate court with jurisdiction for a determination that the parent abandoned the child.
(b)
Any interested person may file a petition with a probate court with jurisdiction for a determination that a parent of a minor who died intestate abandoned the minor.
(3)
Notwithstanding s. 852.01 (1), if a court determines that a parent abandoned his or her minor child and the child died intestate while a minor, the parent may not inherit from the child's estate under s. 852.01. If a parent is barred from inheriting from a child's estate under this section, the child's estate passes under s. 852.01 as if the parent predeceased the child.
(4)
A parent who is barred from inheriting from a child's estate under sub. (3) is not considered an heir of the child beginning on the date a court determined that the parent abandoned the child.
History:  2015 a. 224.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.01 - Capacity to make or revoke a will.

853.01
Capacity to make or revoke a will.
Any person of sound mind 18 years of age or older may make and revoke a will.
When the proponent, a confidant of the decedent and the sole beneficiary, actively participated in the procurement, drafting, and execution of the will under highly suspicious circumstances, a presumption of undue influence was raised. In re Estate of Malnar, 73 Wis. 2d 192, 243 N.W.2d 435 (1976).
The “disposition to influence" element of the 4-factor test of undue influence means a willingness to do something wrong or unfair to obtain a share of an estate. The mere fact that a will benefits an alleged influencer does not prove the “coveted-result" element of the test. Elements of testamentary capacity are discussed. In Matter of Estate of Becker, 76 Wis. 2d 336, 251 N.W.2d 431 (1977).
The 4-element test to prove undue influence requires showing: 1) susceptibility to undue influence; 2) opportunity to influence; 3) disposition to influence; and 4) coveted result. Alternatively undue influence may be proved under a two prong test by showing: 1) the existence of a confidential relationship between the testator and favored beneficiary; and 2) suspicious circumstances surrounding making the will. In re Estate of Kamesar, 81 Wis. 2d 151, 259 N.W.2d 733 (1977). See also In re Estate of Taylor, 81 Wis. 2d 687, 260 N.W.2d 803 (1977).
An insane delusion cannot be a ground for disallowance of a will unless it is shown that the delusion materially affected the disposition embodied in the will. In re Estate of Evans, 83 Wis. 2d 259, 265 N.W.2d 529 (1978).
A legal guardianship, in and of itself, does not prove lack of testamentary capacity. In Matter of Estate of Sorensen, 87 Wis. 2d 339, 274 N.W.2d 694 (1979).
Parent-child relationships as a “confidential relationship" under the 2-prong test for undue influence are different than relationships with nonrelatives. In Matter of Estate of Sensenbrenner, 89 Wis. 2d 677, 278 N.W.2d 887 (1979).
A third party, unnamed in a will, has no standing and may not maintain a negligence action against the drafting attorney although extrinsic evidence of the testator's intent is available. Beauchamp v. Kemmeter, 2001 WI App 5, 240 Wis. 2d 733, 625 N.W.2d 297, 00-0470.
The objector must prove lack of testamentary capacity by clear, convincing, and satisfactory evidence. In re Estate of Persha, 2002 WI App 113, 255 Wis. 2d 767, 649 N.W.2d 661, 01-1132.
There is no right to a jury trial in a will contest. In re Estate of Sharpley, 2002 WI App 201, 257 Wis. 2d. 152, 653 N.W.2d 124, 01-2167.
Wisconsin's New Probate Code. Erlanger. Wis. Law. Oct. 1998.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.03 - Execution of wills.

853.03
Execution of wills.
Every will in order to be validly executed must be in writing and executed with all of the following formalities:
(1)
It must be signed by the testator, by the testator with the assistance of another person with the testator's consent or in the testator's name by another person at the testator's direction and in the testator's conscious presence.
(2)
(am)
It must be signed by at least 2 witnesses who signed within a reasonable time after any of the following:
1.
The signing of the will as provided under sub. (1), in the conscious presence of the witness.
2.
The testator's implicit or explicit acknowledgement of the testator's signature on the will, in the conscious presence of the witness.
3.
The testator's implicit or explicit acknowledgement of the will, in the conscious presence of the witness.
(bm)
The 2 witnesses required under par. (am) may observe the signing or acknowledgement under par. (am) 1. to 3. at different times.
History:  1993 a. 486; 1997 a. 188; 2005 a. 216.
The requirement of s. 238.06, 1969 stats., that if not signed by the testator, the will must be signed by some person in the testator's presence and by his express direction, is not met by simply taking the testator's hand as an inanimate object and making a mark or signature if the testator fails or is unable to in any manner expressly authorize another to sign for him. Estate of Komarr, 46 Wis. 2d 230, 175 N.W.2d 473 (1970).
NOTE:  The preceding case was decided prior to the adoption of 1997 Wis. Act 188, which made extensive revisions to this section.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.05 - Execution of wills outside the state or by nonresidents within this state.

853.05
Execution of wills outside the state or by nonresidents within this state.
(1)
A will is validly executed if it is in writing and any of the following applies:
(a)
The will is executed according to s. 853.03.
(b)
The will is executed in accordance with the law, at the time of execution or at the time of death, of any of the following:
1.
The place where the will was executed.
2.
The place where the testator resided, was domiciled or was a national at the time of execution.
3.
The place where the testator resided, was domiciled or was a national at the time of death.
(2)
Any will under sub. (1) (b) has the same effect as if executed in this state in compliance with s. 853.03.
History:  1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.07 - Witnesses.

853.07
Witnesses.
(1)
Any person who, at the time of execution of the will, would be competent to testify as a witness in court to the facts relating to execution may act as a witness to the will. Subsequent incompetency of a witness is not a ground for denial of probate if the execution of the will is otherwise satisfactorily proved.
(2)
(a)
Subject to pars. (b) and (c), a will is not invalidated because it is signed by an interested witness.
(b)
Except as provided in par. (c), any beneficial provisions of the will for a witness or the spouse of a witness are invalid to the extent that the aggregate value of those provisions exceeds what the witness or spouse would have received had the testator died intestate. Valuation is to be made as of testator's death.
(c)
Paragraph (b) does not apply if any of the following applies:
1.
The will is also signed by 2 disinterested witnesses.
2.
There is sufficient evidence that the testator intended the full transfer to take effect.
(3)
An attesting witness is interested only if the will gives to the witness or spouse some personal and beneficial interest. The following are not interests which are personal and beneficial:
(a)
A provision for employment as personal representative or trustee or in some other capacity after death of the testator and a provision for compensation at a rate or in an amount not greater than that usual for the services to be performed;
(b)
A provision which would have conferred no benefit if the testator had died immediately following execution of the will.
History:  1987 a. 403; 1997 a. 188; 2001 a. 102.
2023 Wisconsin Statutes & Annotations › Chapter 853 - Wills. › 853.09 - Deposit of will in circuit court during testator's lifetime.

853.09
Deposit of will in circuit court during testator's lifetime.
(1)
Deposit of will. Unless provided otherwise by county ordinance, any testator may deposit his or her will with the register in probate of the court of the county where he or she resides. The will shall be sealed in an envelope with the name and address of the testator, and the date of deposit noted thereon. If the will is deposited by a person other than the testator, that fact also shall be noted on the envelope. The size of the envelope may be regulated by the register in probate to provide uniformity and ease of filing. A county board may, by ordinance, provide that wills may not be deposited with the register in probate for the county. Wills deposited with the register in probate prior to the effective date of that ordinance shall be retained by the register in probate as provided under sub. (2).
(2)
Duty of register in probate. The register in probate shall issue a receipt for the deposit of the will and shall maintain a registry of all wills deposited. The original will, unless withdrawn under sub. (3) or opened in accordance with s. 856.03 after death of the testator, shall be kept on file for the period provided in SCR chapter 72; thereafter the register may either retain the original will or open the envelope, copy or reproduce the will for confidential record storage purposes by microfilm, optical disc, electronic format, or other method of comparable retrievability and destroy the original. If satisfactorily identified, the reproduction is admissible in court for probate or any other purpose the same as the original document. Wills deposited with the county judge under s. 238.15, 1967 stats., shall be transferred to the register in probate and become subject to this section.
(3)
Withdrawal. A testator may withdraw the testator's will during the testator's lifetime, but the register in probate shall deliver the will only to the testator personally or to a person duly authorized to withdraw it for the testator, by a writing signed by the testator and 2 witnesses other than the person authorized.
History:  1977 c. 449; 1981 c. 146; Sup. Ct. Order, 136 Wis. 2d xx (1987); 1993 a. 172, 486; 1995 a. 27; 2015 a. 196.
The practice of attorneys retaining wills for safekeeping is disapproved. State v. Gulbankian, 54 Wis. 2d 605, 196 N.W.2d 733 (1972).
If a will was not withdrawn fraudulently, non-compliance with the witnessing requirement of sub. (3) did not invalidate the revocation of the will. Re Estate of Haugk, 91 Wis. 2d 196, 280 N.W.2d 684 (1979).