reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.05 - Judgment not to bind realty.

877.05
Judgment not to bind realty.
A decedent's real estate shall not be bound or in any way affected by, or liable to be sold by virtue of any execution issued upon, any judgment against the decedent's personal representative except as provided in s. 811.25.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1975 c. 218; 1979 c. 32 s. 55; Stats. 1979 s. 777.05; 2001 a. 102 s. 102; Stats. 2001 s. 877.05.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.06 - Prosecution and defense of actions by personal representatives; setoff of claims against decedent; judgments, how appealed and paid.

877.06
Prosecution and defense of actions by personal representatives; setoff of claims against decedent; judgments, how appealed and paid.
(1)
A personal representative may commence and prosecute an action and may prosecute any action commenced by his or her predecessor or decedent for the recovery of any claim or cause of action that survived and may have execution on any judgment. In the action the defendant may set off any claim pleadable as a counterclaim that he or she may have against the decedent, instead of presenting it to the court. If judgment is rendered in favor of the defendant the claim shall be certified to the circuit court and paid as other claims allowed against the estate.
(2)
A successor personal representative may bring a writ of error or appeal upon any judgment against his or her predecessor or the decedent and shall defend any writ of error or appeal brought upon any judgment against his or her predecessor or the decedent. The successor personal representative shall have the same remedies in the prosecution or defense of any action by or against his or her predecessor or the decedent and in the collection and enforcement of any judgment as his or her predecessor or the decedent had.
History:  1977 c. 449; 1979 c. 32 s. 55; 1979 c. 176; Stats. 1979 s. 777.06; 2001 a. 102 s. 103; Stats. 2001 s. 877.06.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.07 - Authority of deceased personal representative's personal representative.

877.07
Authority of deceased personal representative's personal representative.
The personal representative of a deceased personal representative shall not meddle with the estate that the deceased personal representative was entrusted with or take any charge or control of the estate.
History:  1979 c. 32 s. 55; Stats. 1979 s. 777.07; 2001 a. 102 s. 104; Stats. s. 877.07.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.08 - Liability as executor of his or her own wrong.

877.08
Liability as executor of his or her own wrong.
No person shall be liable to an action as executor of his or her own wrong, but the wrongdoer shall be responsible to the personal representative for the value of any property or effects wrongfully received or taken and for all damages caused by his or her acts to the estate of the decedent.
History:  1979 c. 32 s. 55; 1979 c. 176; Stats. 1979 s. 777.08; 2001 a. 102 s. 105; Stats. 2001 s. 877.08.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.14 - Rebuttal of inventory.

877.14
Rebuttal of inventory.
(1)
In any action or proceeding against a personal representative, the inventory of the decedent's property filed by the personal representative shall be prima facie evidence of the property that has come to the personal representative's possession or knowledge and of the value of the property.
(2)
In an action or proceeding against a personal representative, the defendant shall not be charged with choses in action specified in the defendant's inventory unless it appears that the choses in action have been collected or might have been collected with due diligence.
History:  1979 c. 32 s. 55; Stats. 1979 s. 777.14; 2001 a. 102 s. 106; Stats. 2001 s. 877.14.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.16 - Foreign personal representatives empowered to act.

877.16
Foreign personal representatives empowered to act.
When no personal representative has been appointed in this state for the estate of any decedent who was not a resident of this state at the time of his or her death, a foreign personal representative of the decedent, upon filing the original, or a certified copy of the original, appointment in any circuit court in this state, may exercise any power over the estate, including sales and assignments, and may prosecute and defend any action and proceeding relating to the estate and shall have all the remedies and defenses in regard to the property and the collection of any demands of the estate that a personal representative appointed in this state has.
History:  1977 c. 449; 1979 c. 32 s. 55; Stats. 1979 s. 777.16; 2001 a. 102 s. 107; Stats. 2001 s. 877.16.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.17 - Actions against personal representatives; when allowed; when not.

877.17
Actions against personal representatives; when allowed; when not.
No attachment or execution may be issued against the estate of the decedent or the personal representative until the expiration of the time limited for the payment of debts, except as provided in ss. 811.25 and 815.14.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1977 c. 449; 1979 c. 32 s. 55; Stats. 1979 s. 777.17; 2001 a. 102 s. 108; Stats. 2001 s. 877.17.
The personal representative's failure to inform the trial court that the high bidders in a sale of the testator's property had been occasional clients did not constitute a breach of fiduciary duty when the sale was publicly advertised, conducted under sealed bid, attracted 20 to 30 interested viewers of the house, and was authorized as to procedure by both the court and estate beneficiaries. Estate of Philbrick, 68 Wis. 2d 776, 229 N.W.2d 573 (1975).
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.18 - Action to recover from heirs, legatees; parties defendant.

877.18
Action to recover from heirs, legatees; parties defendant.
Actions against the heirs or legatees and devisees of any decedent to recover the value of any assets that may have been paid or delivered to them by a personal representative may be brought against all of the heirs or all of the legatees and devisees jointly or against one or more of them. If the action is not against all who are liable, the rest shall be made parties on request of the defendant.
History:  1979 c. 32 s. 55; Stats. 1979 s. 777.18; 2001 a. 102 s. 109; Stats. 2001 s. 877.18.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.19 - Action against heirs and legatees; what may be recovered; costs.

877.19
Action against heirs and legatees; what may be recovered; costs.
If an action described in s. 877.18 is brought, the plaintiff must show that he or she has been or will be unable, with due diligence, to collect all or part of his or her debt by proceedings in the circuit court or from the personal representative of the decedent. In that event, except as limited by s. 859.23, the plaintiff may recover the value of all the assets received by all the defendants if necessary to satisfy his or her demand, and the amount of the recovery shall be apportioned among the defendants in proportion to the value of the property received by each of them. Costs of the action shall be apportioned in like manner. No allowance or deduction may be made from the amount on account of other heirs or legatees or devisees to whom assets have also been delivered or paid. The judgment shall express the amount recovered against each defendant for damages and costs.
History:  1977 c. 449; 1979 c. 32 ss. 55, 92 (7); Stats. 1979 s. 777.19; 2001 a. 102 s. 110; Stats. 2001 s. 877.19.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.20 - Contribution among heirs.

877.20
Contribution among heirs.
Any heir against whom recovery is made under ss. 877.18 and 877.19 may maintain an action against the other heirs to whom any assets may have been paid or delivered by the personal representative, jointly or against any of them separately, for a just and equal contribution, and shall be entitled to recover from each defendant an amount that is in the same proportion to the sum collected from the plaintiff as the value of the assets delivered to that defendant bore to the value of all the assets delivered to all the heirs.
History:  1979 c. 32 ss. 55, 92 (7); Stats. 1979 s. 777.20; 2001 a. 102 s. 111; Stats. 2001 s. 877.20.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.21 - Recovery against legatee; contribution.

877.21
Recovery against legatee; contribution.
(1)
If an action is brought against all the legatees and devisees, the plaintiff shall not recover unless the plaintiff shows, in addition to the facts required to be shown in an action against the heirs, any of the following:
(a)
That no assets were delivered by the personal representative to the heirs.
(b)
That the value of the assets delivered to the heirs has been recovered by some other creditor.
(c)
That the assets delivered by the personal representative to the heirs are not sufficient to satisfy the demands of the plaintiff and that the plaintiff is entitled to recover the deficiency.
(2)
If an action is brought against a preferred legatee or devisee or a preferred class, the plaintiff must also show the same matters as to the legatee or devisee or class to whom the defendants are preferred as is required to be shown under sub. (1) as to the heirs.
(2m)
Any legatee or devisee against whom recovery is made may maintain an action for contribution against others of the same class as heirs may among themselves.
(3)
Specific legacies and devises are preferred to residuary legacies and devises.
History:  1979 c. 32 s. 55; 1979 c. 176; Stats. 1979 s. 777.21; 2001 a. 102 s. 112 to 115; Stats. 2001 s. 877.21.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.22 - Payment a discharge.

877.22
Payment a discharge.
In case of any judgment against several heirs, legatees, or devisees, the payment or satisfaction of the amount recovered against any one of the defendants shall discharge that defendant from the judgment and from execution on the judgment.
History:  1979 c. 32 s. 55; Stats. 1979 s. 777.22; 2001 a. 102 s. 116; Stats. 2001 s. 877.22.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.26 - Accounts as evidence.

877.26
Accounts as evidence.
The account of the personal representative, settled by the proper circuit court, may be used in any action brought under the provisions of this chapter as presumptive evidence of any matter of fact stated in the account.
History:  1977 c. 449 s. 497; 1979 c. 32 s. 55; Stats. 1979 s. 777.26; 2001 a. 102 s. 117; Stats. 2001 s. 877.26.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.28 - Limit of liability.

877.28
Limit of liability.
When part of the plaintiff's debt has been collected, the plaintiff may recover only the residue remaining unpaid. When the action is against the devisees and legatees, the plaintiff may recover only that part of the debt that is not recoverable from the heirs.
History:  1979 c. 32 s. 55; 1979 c. 176; Stats. 1979 s. 777.28; 2001 a. 102 s. 118; Stats. 2001 s. 877.28.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.29 - Debts charged upon realty not affected.

877.29
Debts charged upon realty not affected.
Nothing in this chapter shall affect the liability of heirs or beneficiaries for any debt of their decedent that was by the decedent's will expressly charged upon property or made payable exclusively out of particular property or of any beneficiary made exclusively liable for the debt.
History:  1979 c. 32 s. 55; 1979 c. 176; Stats. 1979 s. 777.29; 2001 a. 102 s. 119; Stats. 2001 s. 877.29.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.32 - Judgment, how collected.

877.32
Judgment, how collected.
If any real estate that descended or was devised to any defendant is not aliened by the defendant before the filing of a notice of the pendency of an action, the court shall adjudge that the debt owing to the plaintiff, or the portion of the debt that the plaintiff is entitled to recover against the defendant, shall be levied only out of the real estate so descended or devised.
History:  1979 c. 32 s. 55; 1979 c. 176; Stats. 1979 s. 877.32; 2001 a. 102 s. 120; Stats. 2001 s. 877.32.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.36 - Debts, order of payment.

877.36
Debts, order of payment.
The next of kin, legatees, heirs, or devisees who are liable for demands against the decedent under this chapter shall be given preference in the payment of and shall be liable for demands against the estate in the following order:
(1)
Debts entitled to preference under the laws of the United States.
(2)
Judgments entered in the judgment and lien docket against the decedent, according to the respective priority of the judgments.
(3)
All other debts arising or growing out of any contract.
History:  1979 c. 32 s. 55; Stats. 1979 s. 777.36; 1995 a. 224; 2001 a. 102 s. 121; Stats. 2001 s. 877.36.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.38 - Defenses.

877.38
Defenses.
If the decedent's next of kin, legatees, heirs, and devisees show that there are unsatisfied debts of the decedent that are of a class prior to or the same as the class of the debt on which the action is brought and that the value of the personal property delivered to them or of the real estate descended or devised to them does not exceed the debts of a class prior to that of the debt on which the action is brought, judgment shall be rendered in their favor.
History:  1979 c. 32 s. 55; Stats. 1979 s. 777.38; 2001 a. 102 s. 122; Stats. 2001 s. 877.38.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.39 - Extent of liability.

877.39
Extent of liability.
If the personal property delivered to the decedent's next of kin or legatees or the real estate descended or devised to the decedent's heirs or devisees exceeds the amount of debts that are entitled to a preference over the debt for which an action is brought, judgment shall be rendered against the next of kin, legatees, heirs, or devisees only for a sum that is a just proportion to the other debts of the same class with that on which the action is brought.
History:  1979 c. 32 s. 55; Stats. 1979 s. 777.39; 2001 a. 102 s. 123; Stats. 2001 s. 877.39.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.40 - Preferred debts deducted.

877.40
Preferred debts deducted.
If any debt of the decedent that is of the same or a prior class to that on which an action is brought has been paid by any next of kin, legatee, heir, or devisee, that person may give evidence of the payment, and the amount of debts so paid shall be estimated in ascertaining the amount to be recovered in the same manner as if those paid debts were outstanding and unpaid as prescribed in ss. 877.38 and 877.39.
History:  1979 c. 32 ss. 55, 92 (7); Stats. 1979 s. 777.40; 2001 a. 102 s. 124; Stats. 2001 s. 877.40.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.41 - Rights and liabilities of posthumous child and witness to will.

877.41
Rights and liabilities of posthumous child and witness to will.
A child born after the making of a will who is entitled to succeed to a portion of any of the testator's property, or a witness to a will who is entitled to recover any portion of the testator's property from the legatees or devisees, shall:
(1)
Have the same rights and remedies to compel a distribution of the personal property and partition of the real estate or to recover from the legatees or devisees the portion of the property that belongs to him or her as any other person entitled to any part of the estate;
(2)
Have the same rights and remedies to compel a contribution from other persons interested in the estate, or to gain possession of the property, as any other person entitled to any part of the estate; and
(3)
Be equally liable to the creditors of the decedent under this chapter as any other person entitled to any part of the estate.
History:  1979 c. 32 s. 55; Stats. 1979 s. 777.41; 1993 a. 486; 2001 a. 102 s. 125; Stats. 2001 s. 877.41.
2023 Wisconsin Statutes & Annotations › Chapter 877 - Actions by and against personal representatives, heirs, and legatees. › 877.42 - Estate of deceased heir liable.

877.42
Estate of deceased heir liable.
The estate of any heir, devisee, legatee, or next of kin of a decedent who dies before paying his or her just share of the decedent's debts is liable for his or her share of the decedent's debts, as a personal debt, to the same extent that he or she would have been liable if living.
History:  1979 c. 32 s. 55; 1979 c. 176; Stats. 1979 s. 777.42; 2001 a. 102 s. 126; Stats. 2001 s. 877.42.
2023 Wisconsin Statutes & Annotations › Chapter 878 - Probate bonds. › 878.01 - Probate bonds.

878.01
Probate bonds.
(1)
Generally. All bonds required by order of the court or of the probate registrar shall be for such sum and with such sureties as the court or probate registrar directs, except if otherwise provided by law. The bonds shall be for the security and benefit of all persons interested and shall be taken to the judge of the court, except where they are required by law to be taken to the adverse party. A bond shall not be deemed sufficient unless it has been examined and approved by the judge, the register in probate or the probate registrar and the approval endorsed thereon in writing and signed by the person approving; but failure so to do shall not render the bond void.
(2)
Sureties. When individuals act as sureties, each must be a resident of this state, and shall give satisfactory evidence as to his or her financial responsibility, and, when required, shall do so before the judge, or some other officer designated by the judge.
History:  1975 c. 331, 421; 1977 c. 449; 1993 a. 486.
Cross-reference:  See s. 632.17 (2) which permits bonds by an insurer authorized to do a surety business.
2023 Wisconsin Statutes & Annotations › Chapter 878 - Probate bonds. › 878.03 - Corporate fiduciaries.

878.03
Corporate fiduciaries.
The court and the probate registrar shall not require bond from any corporate fiduciary which has complied with the requirements of s. 220.09 or 223.02.
History:  1975 c. 331; 1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 878 - Probate bonds. › 878.05 - Additional bond; reducing bond.

878.05
Additional bond; reducing bond.
The court may, at any time, require additional bond from any personal representative, special administrator, guardian or trustee and may, upon application, enter an order, with or without notice, reducing the amount of any bond, if satisfied that no injury can result to those interested in the estate.
History:  1977 c. 449.
Cross-reference:  See s. 112.09 which provides a procedure for the discharge of a surety from future liability.
2023 Wisconsin Statutes & Annotations › Chapter 878 - Probate bonds. › 878.07 - Actions on bonds.

878.07
Actions on bonds.
(1)
Who may bring. Actions may be brought on the bonds of personal representatives, special administrators, guardians and trustees in the court by:
(a)
A creditor when the amount due the creditor has been ascertained and ordered paid by the court, if the personal representative, special administrator, guardian or trustee neglects to pay the same when demanded;
(b)
A distributee to recover the distributee's share of the estate, after the court has declared the amount due the distributee, and ordered it paid or delivered if the personal representative, special administrator or trustee fails to pay or deliver the same when demanded; and
(c)
A creditor, distributee, or other person aggrieved by any maladministration, when it appears that the personal representative, special administrator, guardian or trustee has failed to perform his or her duty in any other particular.
(2)
When ordered. Whenever a personal representative, special administrator, guardian or trustee refuses or neglects to perform any order or judgment for rendering an account, or upon a final settlement, or for the payment of debts or distributive shares, the judge shall cause the bond of the personal representative, special administrator, guardian or trustee to be prosecuted for the benefit of all concerned, and the money collected shall be applied in satisfaction of the order or judgment in the same manner as the property ought to have been applied by the personal representative, guardian or trustee.
(3)
Limitation as to liability of surety on fiduciary's bond. An action may not be maintained against the sureties on any bond given by a personal representative, special administrator, guardian or trustee unless it is commenced within 6 years from the time when he or she was discharged.
(4)
Separate and joint actions; action by ward; accounting, when unnecessary. An action upon a bond by or in behalf of one person interested does not bar or in any way affect the right of any other person interested to maintain an action thereon, but separate actions or a joint action may be maintained thereon by or in behalf of any or all persons interested, but the action does not impair any other remedy of the ward. An accounting is not necessary before bringing an action against sureties if the personal representative, special administrator, guardian, or trustee dies, moves out of the state, or is adjudicated incompetent.
History:  1977 c. 449; 1993 a. 486; 2005 a. 387.
2023 Wisconsin Statutes & Annotations › Chapter 878 - Probate bonds. › 878.09 - Actions on bonds in name of judge.

878.09
Actions on bonds in name of judge.
All actions upon bonds issued to a judge shall be brought in the name of the judge of the court in office at the time the action is commenced. If judgment is rendered for the plaintiff, it shall be for the amount found due and costs of suit, and shall specify the amount found due to each particular person for whose benefit it is brought. No judgment or execution against the sureties on any bond may exceed the amount of the penalty thereof, exclusive of costs.
History:  1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 878 - Probate bonds. › 878.11 - Money, to whom paid.

878.11
Money, to whom paid.
All moneys recovered on any judgment in favor of the judge of the court shall be paid over to the person, other than the defendant therein, who is then the rightful personal representative, special administrator, guardian or trustee, and the moneys shall be assets in the person's hands to be administered according to law. If there is no personal representative, special administrator, guardian or trustee, other than the defendant, the moneys shall be paid to the persons entitled thereto upon their giving receipts which shall be filed with the court.
History:  1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 878 - Probate bonds. › 878.13 - Action not barred; partial defense; stay of execution.

878.13
Action not barred; partial defense; stay of execution.
An action brought upon the bond of any personal representative, special administrator, guardian or trustee shall not be barred or dismissed by reason that a former action was prosecuted on the bond, but any payment of damages made or collected from the sureties or any of them on any judgment in an action previously begun by any party on the bond shall be applied as a total or partial discharge of the liability thereon; and such partial defense may be pleaded by answer or supplemental answer as may be proper. The court may stay execution on any judgment rendered in the action until the final determination of any other action commenced upon the bond.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.01 - Petitions to court.

879.01
Petitions to court.
All applications to courts, except motions in matters at issue, shall be made by verified petition. All petitions must show the jurisdiction of the court and the interest of the petitioner. All petitions, except those for statutory certificates or for ex parte orders in proceedings already pending, shall also show the names and post-office addresses of all persons interested, so far as known to the petitioner or ascertainable by him or her with reasonable diligence; and shall indicate who are minors or otherwise under disability, and the names and post-office addresses of their guardians. No defect of form or substance in any petition may invalidate any proceedings.
History:  1977 c. 449.
An “action" under s. 801.01 includes a special proceeding such as probate. In Matter of Estate of Martz, 171 Wis. 2d 89, 491 N.W.2d 772 (Ct. App. 1992).
In probate actions, as in civil cases generally, the burden is on the petitioner to move the case forward. Theis v. Short, 2010 WI App 108, 328 Wis. 2d 162, 789 N.W.2d 585, 09-1591.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.05 - Notice; manner of giving.

879.05
Notice; manner of giving.
(1)
Generally. Unless the statute requiring notice in a particular proceeding provides otherwise, notice required in the administration of an estate or other proceeding shall be given either by mail under sub. (2) or by personal service under sub. (3). The first notice given by mail in any administration or other proceeding must be accompanied by notice by publication given under sub. (4). Notice by publication in addition to mailed notice is required for subsequent hearings if the name or the post-office address of one or more persons entitled to notice has not been ascertained.
(2)
Service by mail. Service shall be made by first class mail either within or without the state at least 20 days before the hearing or proceeding upon any person whose post-office address is known or can with reasonable diligence be ascertained.
(3)
Personal service. Personal service shall be made at least 10 days before the hearing under s. 801.11, except as that section provides for service by publication and except that substituted service under s. 801.11 (1) (b) may not be made outside this state.
(4)
Service by publication. Unless a statute provides otherwise, every court notice required to be given by publication shall be published as a class 3 notice in a newspaper published in the county, eligible under ch. 985, as the court by order directs.
History:  1973 c. 12; Sup. Ct. Order, 67 Wis. 2d 585, 783 (1975); 1977 c. 449.
When heirs at law had not been heard from for 30 to 40 years, published notice of hearing on proof of the will was legal notice to the heirs under s. 856.11. In re Estate of Phillips, 92 Wis. 2d 354, 284 N.W.2d 908 (1979).
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.07 - Proof of service of notice.

879.07
Proof of service of notice.
(1)
Mail. Proof of service by mail shall be by the affidavit of the person who mailed the notice showing when and to whom the person mailed it and how it was addressed.
(2)
Personal service. Proof of personal service shall be made under s. 801.10 or by the written admission of service by the person served if competent and an adult, and the subscription of the person's name to the admission is presumptive evidence of its genuineness.
(3)
Publication. Proof of service by publication shall be by affidavit under s. 985.12.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 783 (1979); 1975 c. 218; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.09 - Notice requirement satisfied by waiver of notice.

879.09
Notice requirement satisfied by waiver of notice.
Persons who are not minors or individuals adjudicated incompetent, on behalf of themselves, and appointed guardians ad litem and guardians of the estate on behalf of themselves and those whom they represent, may in writing waive the service of notice upon them and consent to the hearing of any matter without notice. An attorney, or attorney-in-fact, for a person in the military service may waive notice on behalf of himself or herself but cannot waive notice on behalf of the person in the military service. Waiver of notice by any person is equivalent to timely service of notice.
History:  1991 a. 220; 2005 a. 216, 387; 2007 a. 97.
The court's decision not to use the issuing judge's name in the caption of the action in order to prevent prejudice was within the court's discretion. Estate of Burgess v. Peterson, 196 Wis. 2d 55, 537 N.W.2d 115 (Ct. App. 1995), 94-3043.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.11 - Notice requirement satisfied by appearance.

879.11
Notice requirement satisfied by appearance.
An appearance by a person who is not a minor or an individual adjudicated incompetent is equivalent to timely service of notice upon the person. An appearance by a guardian of the estate is equivalent to timely service of notice upon the guardian and upon the guardian's ward. An appearance by a guardian ad litem is equivalent to timely service of notice upon the guardian ad litem and except at a hearing to prove a will or for administration is equivalent to timely service of notice upon those whom the guardian ad litem represents. An appearance by an attorney, or an attorney-in-fact, for a person in the military service is equivalent to timely service of notice upon the attorney or attorney-in-fact but does not satisfy a requirement for notice to the person in the military service.
History:  1991 a. 220; 1993 a. 486; 2005 a. 387.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.13 - Delayed service of notice.

879.13
Delayed service of notice.
If for any reason notice to any person, including a minor or an individual adjudicated incompetent, is insufficient, the court may at any time order service of notice together with documents required under ss. 858.03 and 862.09 and, where required, appoint a guardian ad litem under s. 879.23 and require the person or the person's guardian ad litem to show cause why the person should not be bound by the action already taken in the proceedings as though the person had been timely served with notice. Such person may consent in writing to be bound.
History:  Sup. Ct. Order, 50 Wis. 2d vii (1971); 1993 a. 486; 2005 a. 387.
Comment of Judicial Council, 1971: This amendment makes it clear that these provisions apply to minors and incompetents. The cross-reference change is corrective. [Re Order effective July 1, 1971]
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.15 - Appearances, how made.

879.15
Appearances, how made.
In any proceeding in the court, appearances shall be made as follows:
(1)
A minor or individual adjudicated incompetent shall appear by a guardian ad litem or by the guardian of his or her estate, who may appear by attorney, or by another person under the doctrine of virtual representation as provided in s. 879.23 (5);
(2)
A personal representative shall appear by attorney; and
(3)
Every other person shall appear in person, by attorney or, if in the military service, by an attorney-in-fact.
History:  1973 c. 233; 1975 c. 198 s. 65; 1975 c. 421; 1977 c. 449; 1991 a. 220; 2005 a. 387.
Cross-reference:  See s. 879.23 for provision authorizing appointment of surviving parent as guardian ad litem.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.17 - Attorney, appearance by.

879.17
Attorney, appearance by.
The attorney who first appears for any party or person interested shall be recognized as the attorney throughout the matter or proceeding unless another attorney is substituted under SCR 11.02 (3).
History:  1977 c. 187 s. 135; 1977 c. 273; Sup. Ct. Order, eff. 1-1-80.
An executor who asked for substitution when probate had just been begun because the heirs desired it and to avoid conflict with them had shown sufficient cause for changing attorneys. Estate of Ainsworth, 52 Wis. 2d 152, 187 N.W.2d 828, 189 N.W.2d 505 (1971).
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.19 - Attorney, notice to.

879.19
Attorney, notice to.
Except for a person in the military service, as provided in s. 879.09, if a person interested who is not a minor or an individual adjudicated incompetent has retained an attorney to represent him or her and the attorney has mailed a notice of retainer and request for service to the attorney for the personal representative and filed a copy with the court, any notice that would be given to the person interested shall instead be given to the attorney, and the attorney may waive notice for the person interested under s. 879.09.
History:  1991 a. 220; 1993 a. 486; 2005 a. 387.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.21 - Appearance for person domiciled in foreign country.

879.21
Appearance for person domiciled in foreign country.
When notice has been given to the attorney general under s. 879.03 (3) that a person domiciled in a foreign country, not represented by a consul, vice consul or consular agent, is interested in an estate, the attorney general shall appear for the person and be allowed compensation and necessary expenditures in the same manner as a guardian ad litem.
History:  1973 c. 90; 1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.25 - Attorney for person in military service.

879.25
Attorney for person in military service.
At the time of filing a petition for administration of an estate, an affidavit shall be filed setting forth facts showing whether any person interested in the matter is actively engaged in the military service of the United States. Whenever it appears by the affidavit or otherwise that any person in the active military service of the United States is interested in an administration and is not represented by an attorney, or by an attorney-in-fact who is duly authorized to act on his or her behalf in the matter, the judge shall appoint an attorney to represent the person and protect his interest, and no further proceedings shall be had until such appointment has been made. The attorney who is appointed for the person in the military service shall be an attorney admitted to practice in this state and shall be allowed compensation and necessary expenditures to be fixed by the court and paid out of the estate.
History:  1973 c. 233; 1991 a. 220.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.26 - Waiver of right to certain documents.

879.26
Waiver of right to certain documents.
Any person who is not a minor or an individual adjudicated incompetent may in writing waive the person's right to be given a statement that the inventory has been filed under s. 858.03 and a copy of accounts under s. 862.11.
History:  1971 c. 211 s. 126; 1993 a. 486; 2005 a. 387.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.27 - Appeals.

879.27
Appeals.
(1)
Appeal is to the court of appeals. Any person aggrieved by any appealable order or judgment of the court assigned to exercise probate jurisdiction may appeal or take a writ of error therefrom to the court of appeals.
(2)
Effect of chs. 801 to 847. In all matters not otherwise provided for in this chapter relating to appeals from courts assigned to exercise probate jurisdiction to the court of appeals, the law and rules of practice of chs. 801 to 847 govern.
(4)
Who may appeal on behalf of minor or individual adjudicated incompetent. In all cases the appeal on behalf of any minor or individual adjudicated incompetent may be taken and prosecuted by the guardian of the minor's or individual's estate or by a guardian ad litem.
(5)
Limitation on bond and costs. On appeals from courts assigned to exercise probate jurisdiction to the court of appeals no bond may be required of, or costs awarded against, any alleged incompetent individual or person acting in behalf of an alleged incompetent individual on an appeal from an adjudication of incompetency, and no bond may be required of any personal representative, guardian, or trustee of a testamentary trust.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 783 (1975); 1977 c. 187, 449; 1979 c. 89; 1983 a. 219; 1993 a. 486; 2005 a. 387.
Judicial Council Note, 1983: Sub. (3) providing an appeal deadline of 60 days from entry of order or judgment in probate proceedings, has been repealed for greater uniformity. An appeal must be initiated within the time period specified in s. 808.04 (1). [Bill 151-S]
A memorandum decision in a probate proceeding was treated as an order terminating the proceeding and therefore appealable although no separate order was entered when it appeared that the memorandum decision was clearly intended to be a final ruling. Estate of Boerner, 46 Wis. 2d 183, 174 N.W.2d 457 (1970).
The agents of an incompetent named in her health care and durable power of attorney documents had standing to appeal under sub. (1). Because they were agents under these two documents, they were substitutes for the incompetent for purposes of sub. (1). Guardianship of Muriel K. 2002 WI 27, 251 Wis. 2d 10, 640 N.W.2d 773, 00-0929.
Final orders and final judgments in probate cases should state that they are final for the purposes of an appeal, if that is the intention of the parties involved and of the circuit court. Sanders v. Estate of Sanders, 2008 WI 63, 310 Wis. 2d 175, 750 N.W.2d 806, 06-0424.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.31 - Relief from judgment or order.

879.31
Relief from judgment or order.
On motion, notice to adverse parties and hearing, the court may relieve a party or legal representative from a judgment or orders of the court or the party's stipulation as provided in s. 806.07.
History:  1983 a. 219.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.33 - Costs, if allowed; judgment for.

879.33
Costs, if allowed; judgment for.
Costs may be allowed in all appealable contested matters in court to the prevailing party, to be paid by the losing party or out of the estate as justice may require; and if costs are allowed they shall be taxed by the register in probate after the notice required in ch. 814. If costs are allowed, the court shall render judgment therefor, stating in whose favor and against whom rendered and the amount, and a list of the items making the amount shall be filed with the papers in the case. Costs shall not be taxed against a guardian ad litem, except as provided in s. 814.14.
History:  Sup. Ct. Order, 50 Wis. 2d vii (1971); Sup. Ct. Order, 67 Wis. 2d 783; 1977 c. 449.
Comment of Judicial Council, 1971: Generally, costs shall not be taxed against a guardian ad litem. [Re Order effective July 1, 1971]
Nothing in this section or s. 879.37 suggests a trial is necessary for an award of attorney fees and costs. When a party concedes nothing and an opposing party capitulates before the court to the very best outcome the first party could have achieved if the matter had proceeded to trial, the first party has prevailed. Troy v. Hurkman, 2017 WI App 59, 378 Wis. 2d 75, 902 N.W.2d 794, 16-0387.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.35 - Costs in will contests.

879.35
Costs in will contests.
Costs may be awarded out of the estate to an unsuccessful proponent of a will if the unsuccessful proponent is named in the will to act as personal representative and propounded the document in good faith, and to the unsuccessful contestant of a will if the unsuccessful contestant is named to act as personal representative in another document propounded by the unsuccessful contestant in good faith as the last will of the decedent.
History:  1993 a. 486; 2001 a. 102.
A finding of undue influence on the part of the unsuccessful proponent disqualifies the proponent from asserting “good faith" under the statute. In re Estate of Christen, 72 Wis. 2d 8, 239 N.W.2d 528 (1976).
If the court finds good faith, the court may, but need not, award costs and attorney fees to the unsuccessful proponent of a will. Estate of Persha, 2002 WI App 113, 255 Wis. 2d 767, 649 N.W.2d 661, 01-1132.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.37 - Attorney fees in contests.

879.37
Attorney fees in contests.
Reasonable attorney fees may be awarded out of the estate to the prevailing party in all appealable contested matters, to an unsuccessful proponent of a will if the unsuccessful proponent is named in the will to act as personal representative and propounded the document in good faith, and to the unsuccessful contestant of a will if the unsuccessful contestant is named to act as personal representative in another document propounded by the unsuccessful contestant in good faith as the last will of the decedent.
History:  1993 a. 486; 2001 a. 102.
A finding of undue influence on the part of the unsuccessful proponent disqualifies it from asserting “good faith" under this section. In re Estate of Christen, 72 Wis. 2d 8, 239 N.W.2d 528 (1976).
If the court finds good faith, the court may, but need not, award costs and attorney fees to the unsuccessful proponent of a will. Estate of Persha, 2002 WI App 113, 255 Wis. 2d 767, 649 N.W.2d 661, 01-1132.
An objector is a prevailing party if he or she achieves some significant benefit in litigation involving a claim against the estate. The prevailing party can include multiple interested parties who register objections and defend. The awarding of attorney fees is not limited to when the personal representative fails to act or when the award benefits the estate. The award of attorney fees is discretionary. Estate of Wheeler v. Franco, 2002 WI App 190, 256 Wis. 2d 757, 649 N.W.2d 711, 01-3344.
This section limits a prevailing party to recovery from the estate only. It does not allow the prevailing party to seek to recover costs and fees from the portion of the estate that is distributed to particular heirs. Bloom v. Grawoig, 2008 WI App 28, 308 Wis. 2d 349, 746 N.W.2d 532, 07-0042.
There is no prevailing party and no appealable contested matter when a will contest results in settlement. As such, the trial court properly denied a party's claim for attorney fees. Wolf v. Estate of Wolf, 2009 WI App 183, 322 Wis. 2d 674, 777 N.W.2d 119, 09-0781.
Nothing in s. 879.33 or this section suggests a trial is necessary for an award of attorney fees and costs. When a party concedes nothing and an opposing party capitulates before the court to the very best outcome the first party could have achieved if the matter had proceeded to trial, the first party has prevailed. Troy v. Hurkman, 2017 WI App 59, 378 Wis. 2d 75, 902 N.W.2d 794, 16-0387.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.39 - Security and judgment for costs.

879.39
Security and judgment for costs.
In all cases under s. 879.33 the court may require the claimant or contestant to give a bond in such sum and with such surety as is approved by the court, to the effect that he or she will pay all costs that may be awarded by the court in the proceeding against him or her. A judgment for costs shall be against the claimant or contestant and the surety.
History:  1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.41 - Fees in court.

879.41
Fees in court.
Fees in court shall be allowed:
(1)
To appraisers, an amount to be fixed by the court;
(2)
To jurors, the fees under s. 756.25;
(3)
To witnesses and interpreters, the fees under s. 814.67, and to expert witnesses, the fees under s. 814.04 (2);
(4)
Travel as fixed by the court;
(5)
In cases not provided for, a fair compensation shall be allowed by the court.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 783 (1975); 1977 c. 187 s. 135; 1977 c. 449; 1981 c. 317 s. 2202.
2023 Wisconsin Statutes & Annotations › Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure. › 879.43 - Money judgment in favor of estate.

879.43
Money judgment in favor of estate.
(1)
Enforcement. All money judgments in court in favor of an estate may be enforced through the court, after costs have been taxed under s. 814.10. The pertinent provisions of ch. 815, relating to executions, apply.
(2)
Stay of execution. Execution of judgments may be stayed under chs. 801 to 847.
(3)
Entry. Judgments may be entered in the judgment and lien docket in the office of the clerk of circuit court, upon the filing of a certified transcript of the judgment.
(4)
Lien. A judgment entered in the judgment and lien docket creates a lien upon the real estate of the debtor under s. 806.15.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 784 (1975); 1977 c. 449; 1979 c. 89; 1995 a. 224.