reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 854 - Transfers at death — general rules. › 854.20 - Status of adopted persons.

854.20
Status of adopted persons.
(1)
Inheritance rights between adoptive person and adoptive relatives.
(a)
Subject to par. (b) and sub. (5), a legally adopted person is treated as a birth child of the person's adoptive parents and the adoptive parents are treated as the birth parents of the adopted person for purposes of transfers at death to, through, and from the adopted person and for purposes of any statute or other rule conferring rights upon children, issue, or relatives in connection with the law of intestate succession or governing instruments.
(b)
Subject to sub. (5), par. (a) applies only if at least one of the following applies:
1.
The decedent or transferor is the adoptive parent or adopted child.
2.
The adopted person was a minor at the time of adoption.
3.
The adoptive parent raised the adopted person in a parent-like relationship beginning on or before the child's 15th birthday and lasting for a substantial period or until adulthood.
(2)
Inheritance rights between adopted person and birth relatives.
(am)
Subject to sub. (5), a legally adopted person ceases to be treated as a child of the person's birth parents and the birth parents cease to be treated as the parents of the child for the purposes specified in sub. (1) (a), except:
1.
If the parent-child relationship between the child and one birth parent is replaced by adoption, but the relationship to the other birth parent is not replaced, then for all purposes the child continues to be treated as the child of the birth parent whose relationship was not replaced.
2.
a.
Subject to subd. 2. b. and c., if a birth parent of a child born to married parents dies and the other birth parent subsequently remarries and the child is adopted by the stepparent, the child continues to be treated as the child of the deceased birth parent for purposes of transfers at death through that parent and for purposes of any statute or other rule conferring rights upon children, issue or relatives of that parent under the law of intestate succession or governing instruments.
b.
Subd. 2. a. applies only if the adopted person was a minor at the time of adoption or if the adoptive parent raised the adopted person in a parent-like relationship beginning on or before the child's 15th birthday and lasting for a substantial period or until adulthood.
c.
Subdivision 2. a. does not apply if the parental rights of the deceased birth parent had been terminated.
(bm)
Subject to sub. (5), if an adopted child is subsequently adopted by another person, the former adoptive parent is considered to be a birth parent for purposes of this subsection.
(5)
Contrary intent. If the transfer is made under a governing instrument and the person who executed the governing instrument had an intent contrary to any provision in this section, then that provision is not applicable to the transfer. Extrinsic evidence may be used to construe the intent.
History:  1983 a. 447; 1993 a. 486; 1997 a. 188 ss. 96, 175; Stats. 1997 s. 854.20; 2005 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 854 - Transfers at death — general rules. › 854.22 - Form of distribution for transfers to family groups or classes.

854.22
Form of distribution for transfers to family groups or classes.
(1)
Interests in heirs, next of kin and the like. Subject to sub. (4), if a statute or governing instrument specifies that a present or future interest is to be created in a designated individual's “heirs", “heirs at law", “next of kin", “relatives", “family" or a term that has a similar meaning, the property passes to the persons, including the state, to whom it would pass and in the shares in which it would pass under the laws of intestacy of the designated individual's domicile, as if the designated individual had died immediately before the transfer was to take effect in possession or enjoyment. If the designated individual's surviving spouse is living and remarried when the transfer is to take effect in possession or enjoyment, the surviving spouse is not an heir of the designated individual.
(2)
Transfers to descendants, issue and the like. Subject to sub. (4), if a statute or governing instrument creates a class gift in favor of a designated individual's “descendants", “issue" or “heirs of the body" the property is distributed among the class members who are living when the interest is to take effect in possession or enjoyment in the shares that they would receive under the laws of intestacy of the designated individual's domicile, as if the designated individual had then died owning the subject matter of the class gift.
(3)
Doctrine of worthier title abolished. The doctrine of worthier title is abolished as a rule of law and as a rule of construction. Language in a governing instrument describing the beneficiaries of a disposition as the transferor's “heirs", “heirs at law", “next of kin", “distributees", “relatives" or “family", or a term that has a similar meaning, does not create or presumptively create a reversionary interest in the transferor.
(4)
Contrary intent. If the transfer is made under a governing instrument and the person who executed the governing instrument had an intent contrary to any provision in this section, then that provision is inapplicable to the transfer. Extrinsic evidence may be used to construe the intent.
History:  1997 a. 188; 2005 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 854 - Transfers at death — general rules. › 854.24 - Protection of buyers.

854.24
Protection of buyers.
A person who purchases property for value or who receives property in partial or full satisfaction of a legally enforceable obligation is neither obligated under this chapter to return the property nor liable under this chapter for the value of the property, unless the person has notice as described in s. 854.23 (3).
History:  1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 854 - Transfers at death — general rules. › 854.25 - Personal liability of recipients not for value.

854.25
Personal liability of recipients not for value.
(1)
Original recipients. A person who, not for value, receives property to which the person is not entitled under this chapter shall return the property. If the property is not returned, the recipient shall be personally liable for the value of the property to the person who is entitled to it under this chapter, regardless of whether the recipient has the property, its proceeds or property acquired with the property or its proceeds.
(2)
Subsequent recipients.
(a)
If a recipient described in sub. (1) gives all or part of the property described in sub. (1) to a subsequent recipient, not for value, the subsequent recipient shall return the property. If the property is not returned, the subsequent recipient shall be personally liable to the person who is entitled to it under this chapter for the value received, if the subsequent recipient has the property, its proceeds or property acquired with the property or its proceeds.
(b)
If the subsequent recipient described in par. (a) does not have the transfer described, its proceeds or the property acquired with the property or its proceeds, but knew or should have known of his or her liability under this section, the subsequent recipient remains personally liable to the person who is entitled to it under this chapter for the value received.
(3)
Mode of satisfaction. On petition of the person entitled to the property under this chapter showing that the mode of satisfaction chosen by the recipient in sub. (1) or (2) will create a hardship for the entitled person, the court may order that a different mode of satisfaction be used.
History:  1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 854 - Transfers at death — general rules. › 854.26 - Effect of federal preemption.

854.26
Effect of federal preemption.
If any provision in this chapter is preempted by federal law with respect to property covered by this chapter, a person who receives property, other than for full consideration, which the person is not entitled to receive under this chapter is subject to s. 854.25.
History:  1997 a. 188.
2023 Wisconsin Statutes & Annotations › Chapter 856 - Opening estates. › 856.01 - Jurisdiction.

856.01
Jurisdiction.
The jurisdiction of a proceeding for administration of a decedent's estate is as follows:
(1)
If the decedent was domiciled in this state, in the county in this state where the decedent was domiciled at the time of the decedent's death.
(2)
If the decedent had no domicile in this state, in any county in this state where property of the decedent is located, and the court which first exercises jurisdiction under this subsection has exclusive jurisdiction.
History:  1977 c. 449; 1993 a. 486.
Wisconsin's New Probate Code. Erlanger. Wis. Law. Oct. 1998.
2023 Wisconsin Statutes & Annotations › Chapter 856 - Opening estates. › 856.03 - Wills in court for safekeeping.

856.03
Wills in court for safekeeping.
If a will has been filed with a court for safekeeping during the testator's lifetime, the court on learning of the death of the testator shall open the will and give notice of the court's possession to the person named in the will to act as personal representative, otherwise to some person interested in the provisions of the will. If probate jurisdiction belongs to any other court, the will shall be delivered to that court.
History:  1977 c. 449; 2001 a. 102.
2023 Wisconsin Statutes & Annotations › Chapter 856 - Opening estates. › 856.05 - Delivery of will to court.

856.05
Delivery of will to court.
(1)
Duty and liability of person with custody. Any person, other than a person named in the will to act as personal representative, having the custody of any will shall, within 30 days after he or she has knowledge of the death of the testator, file the will in the proper court or deliver it to the person named in the will to act as personal representative. Any person named in a will to act as personal representative shall, within 30 days after he or she has knowledge that he or she is named to act as personal representative, and has knowledge of the death of the testator, file the will in the proper court, unless the will has been otherwise deposited with the court. Any person who neglects to perform any of the duties required in this subsection, without reasonable cause, is liable in a proceeding in court to every person interested in the will for all damages caused by the neglect.
(2)
Duty of person with information. Any person having information which would reasonably lead him or her to believe in the existence of any will of a decedent of which he or she does not have custody and having information that no more recent will of the deceased has been filed with the court and that 30 days have elapsed after the death of the decedent, shall submit this information to the court within 30 days after he or she has the information.
(3)
Penalty. Any person who with intent to injure or defraud any person interested in a will suppresses or secretes any will of a person then deceased or any information as to the existence or location of any will or having custody of any will fails to file it in the court or to deliver it to the person named in the will to act as personal representative shall be fined not more than $500 or imprisoned in the county jail for not more than one year or both.
(4)
Liability for neglect. If any person has custody of any will after the death of the testator and after a petition for administration has been filed, neglects without reasonable cause to deliver the will to the proper court after he or she has been duly notified in writing by the court for that purpose, he or she may be committed to the county jail by warrant issued by the court and there kept in close confinement until he or she delivers the will as required.
(5)
Applicability of section. This section applies to wills and information needed for proof of a missing will under s. 856.17.
History:  1977 c. 449; 1997 a. 188; 2001 a. 102; 2005 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 856 - Opening estates. › 856.07 - Who may petition for administration.

856.07
Who may petition for administration.
(1)
Generally. Petition for administration of the estate of a decedent may be made by any person named in the will to act as personal representative or by any person interested.
(2)
After 30 days. If none of those named in sub. (1) has petitioned within 30 days after the death of the decedent, petition for administration may be made by any person who was guardian of the decedent at the time of the decedent's death, any creditor of the decedent, anyone who has a cause of action or who has a right of appeal which cannot be maintained without the appointment of a personal representative or anyone who has an interest in property which is or may be a part of the estate.
History:  1973 c. 90; 2001 a. 102.
Cross-reference:  See s. 879.57 providing for a petition by any interested person for a special administrator when there appears to be no person in the state to petition for administration.
2023 Wisconsin Statutes & Annotations › Chapter 856 - Opening estates. › 856.09 - Petition for administration, contents.

856.09
Petition for administration, contents.
The petition for administration shall comply with s. 879.01 and in addition shall state:
(1)
The name, age, domicile, post-office address and date of death of the decedent;
(2)
That the decedent left property requiring administration;
(3)
Whether the decedent left a will and the date of execution of the will;
(4)
The name and post-office address of the person named in the will to act as personal representative;
(5)
The name and post-office address of the person named as testamentary trustee in the will;
(6)
The name and post-office address of the person for whom letters are asked and the facts which show the person's eligibility for appointment as personal representative.
History:  1993 a. 486; 2001 a. 102.
Cross-reference:  See s. 863.23 providing for a petition for determination of heirship in a petition for administration.
Cross-reference:  See s. 879.25 for requirement of filing of an affidavit as to military service.
Cross-reference:  See ss. 813.22 to 813.34, Uniform Absence as Evidence of Death and Absentee's Property Act, for a procedure for determining the fact of death when evidence is not available.
2023 Wisconsin Statutes & Annotations › Chapter 856 - Opening estates. › 856.11 - Notice of hearing on petition for administration.

856.11
Notice of hearing on petition for administration.
When a petition for administration is filed, the court shall set a time for proving the will, if any, for determination of heirship and for the appointment of a personal representative. Notice of hearing on the petition shall be given as provided in s. 879.03 with the additional requirement that when any person interested is represented by a guardian ad litem, notice shall be given to both the person interested and the person's guardian ad litem. A copy of the will which is being presented for proof shall be sent to all persons interested, except those whose only interest is as a beneficiary of a monetary bequest or a bequest or devise of specific property. To those persons a notice of the nature and amount of the devise or bequest shall be sent.
History:  1993 a. 486.
Cross-reference:  See s. 863.23 which provides for determination of heirship and proof of heirship.
When the 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).
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 856 - Opening estates. › 856.15 - Proof of will and proof of heirs where uncontested.

856.15
Proof of will and proof of heirs where uncontested.
(1)
Generally. The court may grant probate of an uncontested will on the execution in open court by one of the subscribing witnesses of a sworn statement that the will was executed as required by the statutes and that the testator was of sound mind, of full age, and not acting under any restraint at the time of the execution thereof. If an uncontested will contains an attestation clause showing compliance with the requirements for execution under s. 853.03 or 853.05 or includes an affidavit in substantially the form under s. 853.04 (1) or (2), the court may grant probate without any testimony or other evidence.
(2)
Proof outside the county. Upon request of the petitioner, the petitioner's attorney or, if the petitioner is in the military service, the petitioner's attorney-in-fact, the court in which the estate is pending may by order direct that proof of heirs or proof of will, if uncontested, may be taken in open court in any county in this state, or by a judge having probate jurisdiction in any other state or territory of the United States, for use in the court in which the estate is pending.
(3)
Removal of will for proof outside the county. If a will filed for probate is removed from the court in which the estate is pending so that it may be proved outside the county, it shall during its absence be replaced by a photographic copy or a certified copy thereof.
(4)
Will and proof to be returned and filed. After a will is proved in a court other than the court in which the estate is pending, the will and the proof of will shall be sent to the court in which the estate is pending. If no contest develops at the time fixed for proving the will in the court in which the estate is pending, the will and proof of will shall be filed as though made in the court in which the estate is pending.
(5)
When no competent subscribing witness in state. If no competent subscribing witness resides in this state at the time fixed for proving the will or if none of them, after reasonable diligence can be found in this state, the court may admit the testimony of other witnesses to prove the competency of the testator, the execution, proof of testator's handwriting and that of one of the subscribing witnesses.
History:  1975 c. 331; 1977 c. 449; 1991 a. 220; 2005 a. 216.
Cross-reference:  See s. 863.23 which contains the general provisions in regard to proof of heirship and determination of heirship.
2023 Wisconsin Statutes & Annotations › Chapter 856 - Opening estates. › 856.16 - Self-proved will.

856.16
Self-proved will.
(1)
Unless there is proof of fraud or forgery in connection with the affidavit, if a will includes an affidavit in substantially the form under s. 853.04 (1) or (2), all of the following apply:
(a)
The will is conclusively presumed to have been executed in compliance with s. 853.03.
(b)
Other requirements related to the valid execution of the will are rebuttably presumed.
(c)
A signature affixed to the affidavit is considered a signature affixed to the will, if necessary to prove the due execution of the will.
(2)
Admission of a will under s. 856.13 or 856.15 is not dependent on the existence of a valid affidavit under s. 853.04.
History:  1997 a. 188; 2005 a. 216.
2023 Wisconsin Statutes & Annotations › Chapter 856 - Opening estates. › 856.17 - Missing will, how proved.

856.17
Missing will, how proved.
If any will is lost, destroyed by accident, destroyed without the testator's consent, unavailable but revived under s. 853.11 (6), or otherwise missing, the court has power to take proof of the execution and validity of the will and to establish the same. The petition for the probate of the will shall set forth the provisions of the will.
History:  1977 c. 449; 2005 a. 216.
A petition in the alternative to establish one of 3 wills was proper and proof was sufficient to establish the last will as effective. Estate of Markofske, 47 Wis. 2d 769, 178 N.W.2d 9.
Lost wills: The Wisconsin law. Burrell and Porter, 60 MLR 351.
2023 Wisconsin Statutes & Annotations › Chapter 856 - Opening estates. › 856.19 - Order admitting will.

856.19
Order admitting will.
Every will, when admitted to probate as prescribed by statute, shall have that fact signified thereon by the court.
Without a prima facie showing of fraud, a mere allegation is not sufficient to require a court to reopen the admission of a will to probate after the time for appeal expired. In Matter of Estate of Kennedy, 74 Wis. 2d 413, 247 N.W.2d 75.
2023 Wisconsin Statutes & Annotations › Chapter 856 - Opening estates. › 856.21 - Persons entitled to domiciliary letters.

856.21
Persons entitled to domiciliary letters.
Letters shall be granted to one or more of the persons hereinafter mentioned, who are not disqualified, in the following order:
(1)
The person named in the will to act as personal representative.
(2)
Any person interested in the estate or the person's nominee within the discretion of the court.
(3)
Any person whom the court selects.
History:  1993 a. 486; 2001 a. 102.
An attorney may not solicit, either directly or indirectly, to be named, or to have a relative named, executor in a will. State v. Gulbankian, 54 Wis. 2d 605, 196 N.W.2d 733 (1972).
2023 Wisconsin Statutes & Annotations › Chapter 856 - Opening estates. › 856.23 - Persons who are disqualified.

856.23
Persons who are disqualified.
(1)
A person including the person named in the will to act as personal representative is not entitled to receive letters if the person is any of the following:
(a)
Under 18 years of age.
(b)
Of unsound mind.
(c)
A corporation not authorized to act as a fiduciary in this state.
(d)
A nonresident of this state who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate and filed the appointment with the court.
(e)
A person whom the court considers unsuitable for good cause shown.
(2)
Nonresidency may be a sufficient cause for nonappointment or removal of a person in the court's discretion.
History:  1971 c. 213 s. 5; 1993 a. 486; 2001 a. 102.
A nominee may not be found “unsuitable" except upon grounds pertaining to capacity or competence to administer the estate. State ex rel. First National Bank & Trust v. Skow, 91 Wis. 2d 773, 284 N.W.2d 74 (1979).
If a trust document allows the beneficiaries to select a successor trustee but does not specifically allow appointment without court approval, the instrument should be read to permit nomination of a trustee subject to court approval. Matter of Sherman B. Smith Family Trust, 167 Wis. 2d 196, 482 N.W.2d 118 (Ct. App. 1992).
A finding of unsuitability is not limited solely to concerns of incapacity or incompetency. Given the myriad circumstances in which conflicts of interests may arise a conflicting personal interest may prevent an executor or administrator from doing his or her duty and render him or unsuitable. But disputes over what assets are included in the estate do not render a person unsuitable. Section 859.09 provides the framework for addressing such disagreements. Klauser v. Schmitz, 2003 WI App 157, 265 Wis. 2d 860, 667 N.W.2d 862, 02-3260.
A resident agent appointed under this section is not an indispensable party in an action involving the estate. Bugbee v. Donahue, 483 F. Supp. 1328 (1980).
2023 Wisconsin Statutes & Annotations › Chapter 856 - Opening estates. › 856.25 - Bond of personal representative.

856.25
Bond of personal representative.
(1)
Generally. A person shall not act as personal representative, nor shall letters be issued to the person until the person has given a bond in accordance with ch. 878, with one or more sureties, conditioned on the faithful performance of the person's duties, to the judge of the court, or until the court has ordered that the person be appointed without being required to give bond. If the court does not require a personal representative to give bond prior to the personal representative's letters being issued, the court may require the personal representative to give bond at any later time. The requirement of a bond and the amount of the bond is solely within the discretion of the court, except that no bond shall be required of any trust company bank, state bank or national banking association which is authorized to exercise trust powers and which has complied with s. 220.09 or 223.02.
(2)
When 2 or more personal representatives. If 2 or more persons are appointed personal representatives, the judge may require no bond, may take a bond from each, take a joint bond from all or take a bond from some but not all.
(3)
Share of estate can stand as excess surety. If any distributee, including one serving as personal representative, stipulates to a reduction of the bond and that the distributee's share of the estate stand as excess surety to the extent of the reduction, the judge may reduce the bond by an amount equal to the estimated share of such distributee.
(4)
When will waives bond. A direction or request in a will that the personal representative serve without bond is not binding on the court.
(5)
Section 895.345 not to apply. Section 895.345 does not apply to bonds of personal representatives.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 856 - Opening estates. › 856.27 - Appointment of special administrator if appointment of personal representative is delayed.

856.27
Appointment of special administrator if appointment of personal representative is delayed.
If for any cause, a personal representative is not appointed in an estate at the hearing on appointment, the court at the hearing shall appoint a special administrator to administer the estate until a personal representative is appointed.
2023 Wisconsin Statutes & Annotations › Chapter 856 - Opening estates. › 856.29 - Letters issued to trustee of testamentary trust.

856.29
Letters issued to trustee of testamentary trust.
If the will of the decedent provides for a testamentary trust, letters of trust shall be issued to the trustee upon admission of the will to probate at the same time that letters are granted to the personal representative, unless the court otherwise directs. Upon issuance of letters of trust, the trustee shall continue to be interested in the estate, and beneficiaries in the testamentary trust shall cease to be interested in the estate except under s. 851.21 (3). This section shall apply to wills admitted to informal probate and letters issued in informal administrations.
History:  1973 c. 39.
If a trust document allows beneficiaries to select a successor trustee but does not specifically allow appointment without court approval, the instrument should be read to permit nomination of a trustee subject to court approval. Matter of Sherman B. Smith Family Trust, 167 Wis. 2d 196, 482 N.W.2d 118 (Ct. App. 1992).
A trustee has a duty to the trust beneficiaries to ensure that the personal representative transfers all property to which the trust is entitled. Even when the same person acts as trustee and personal representative the trustee has a duty to enforce claims the trust has against the personal representative. Old Republic Surety Co. v. Erlien, 190 Wis. 2d 400, 527 N.W.2d 389 (Ct. App. 1994).
2023 Wisconsin Statutes & Annotations › Chapter 856 - Opening estates. › 856.31 - Selection of attorney to represent estate.

856.31
Selection of attorney to represent estate.
Whenever a corporate fiduciary is appointed as the sole personal representative, the person or persons receiving the majority interest from the estate may within 30 days after the date of the appointment select the attorney who shall represent the personal representative in all proceedings of any kind or nature, unless good cause is shown before the court why selection should not be so made, or unless the testator's will names the attorney or firm who shall represent the personal representative. The corporate fiduciary shall notify the persons who are entitled to name the attorney of this right within 5 days after appointment. In case a person is under disability, the court appointed guardian, if any, may act for such person under this section. In the case of a minor who has no court appointed guardian, the natural guardian, if any, may act for the minor. “Interest", as used in this section, means beneficial interest whether legal or equitable.
History:  1973 c. 233; 1975 c. 331, 421.
An attorney may not solicit, either directly or indirectly, to be named, or to have a relative named, executor in a will. State v. Gulbankian, 54 Wis. 2d 605, 196 N.W.2d 733 (1972).
A will provision directing that the named attorney represent the estate was upheld. In re Estate of Devroy, 109 Wis. 2d 154, 325 N.W.2d 345 (1982).
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.01 - Ownership in personal representative; management and control.

857.01
Ownership in personal representative; management and control.
Upon his or her letters being issued by the court, the personal representative succeeds to the interest of the decedent in all property of the decedent. The personal representative or surviving spouse may petition the court for an order determining the classification of property under ch. 766, and for other equitable relief necessary for management and control of the marital property during the administration of the estate. The court may make any decree under ch. 766, including a decree that the property be titled in accordance with its classification, to assist the personal representative or surviving spouse in managing and controlling the marital property and the decedent's property other than marital property during administration of the estate. During administration, the management and control rules under s. 766.51 apply to the property of a decedent spouse which is subject to administration and to the property of the surviving spouse. With regard to property subject to the election of the surviving spouse under s. 861.02, the personal representative may manage and control the property while the property is subject to administration. The personal representative shall determine when, during administration, property shall be distributed to satisfy an election under s. 861.02.
History:  1983 a. 186; 1985 a. 37; 1987 a. 393 s. 53; 1997 a. 188.
A personal representative succeeds to the title of the decedent both as to real estate and personal property. In Matter of Estate of Omernik, 112 Wis. 2d 285, 332 N.W.2d 307 (1983).
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.015 - Management and control of certain business property by holding spouse.

857.015
Management and control of certain business property by holding spouse.
A spouse who holds property described under s. 766.70 (3) (a), (aL), (b), or (d) which is not also held by the other spouse may direct in a will or other signed writing that the marital property interest of the nonholding spouse in such property be satisfied as provided under s. 861.015. The holding spouse shall identify in a will or other signed writing the property described under s. 766.70 (3) (a), (aL), (b), or (d) to which the directive applies. The signature of the holding spouse on a directive other than a will shall be acknowledged, attested or witnessed under ch. 140. The estate of the holding spouse may not execute a directive under this section. If at the death of a spouse the surviving spouse is the holding spouse, the surviving spouse may execute a directive under this section if executed within 90 days after the decedent spouse's death.
History:  1987 a. 393; 1997 a. 188; 2019 a. 125; 2021 a. 258.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.03 - Powers and duties of personal representative; in general.

857.03
Powers and duties of personal representative; in general.
(1)
The personal representative shall collect, inventory and possess all the decedent's estate; collect all income and rent from decedent's estate; manage the estate and, when reasonable, maintain in force or purchase casualty and liability insurance; contest all claims except claims which the personal representative believes are valid; pay and discharge out of the estate all expenses of administration, taxes, charges, claims allowed by the court, or such payment on claims as directed by the court; render accurate accounts; make distribution and do any other things directed by the court or required by law.
(2m)
The surviving spouse and the personal representative may petition the court to approve an exchange of interests in marital property as provided in s. 766.31 (3) (b) 3.
History:  1975 c. 331, 421; 1987 a. 393; 2005 a. 216.
Cross-reference:  Ch. 877 deals generally with actions by and against personal representatives.
Cross-reference:  Section 70.22 deals with assessment of personal property taxes on property in decedent's estates.
Cross-reference:  Section 71.13 (2) requires the personal representative to file with the assessor of incomes such withholding tax returns (reports) for wages paid, sales tax returns and income tax returns as are due from the decedent and his estate.
As the holder of legal title to the assets of the estate, the personal representative has standing to bring a constitutional challenge against the statute upon which the claim of the appellant is based. Estate of Peterson, 66 Wis. 2d 535, 225 N.W.2d 644 (1975).
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, and authorized as to procedure by both the court and estate beneficiaries. Estate of Philbrick, 68 Wis. 2d 776, 229 N.W.2d 573 91975).
In the absence of a statute or a decedent's written directions, the burden of the federal and state estate taxes attributable to probate and nonprobate assets falls on the residue of the estate. The rationale for the “residuary rule" has generally been that the decedent intended property transferred outside probate to be free of the usual burdens imposed on the probate estate. Estate of Sheppard v. Schleis, 2010 WI 32, 324 Wis. 2d 41, 782 N.W.2d 85, 09-1021.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.035 - Disposition of patient health care records.

857.035
Disposition of patient health care records.
If the decedent was a health care provider, as defined under s. 146.81 (1), who was an independent practitioner, the personal representative shall comply with s. 146.819.
History:  1991 a. 269.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.04 - Distribution of marital and other expenses.

857.04
Distribution of marital and other expenses.
(1)
Except as provided in sub. (2), the personal representative shall pay expenses of administration out of the decedent's interests in marital property and in property other than marital property on a prorated basis according to the value of those interests.
(2)
To the extent possible, the personal representative shall pay special expenses attributable to the management and control of marital property from the marital property generating the expenses, and special expenses attributable to the management and control of the decedent's property other than marital property from the other property generating the expenses.
History:  1983 a. 186.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.05 - Allowances to personal representative for expenses and services.

857.05
Allowances to personal representative for expenses and services.
(1)
Expenses. The personal representative shall be allowed all necessary expenses in the care, management and settlement of the estate.
(2)
Services. Subject to the approval of the court the personal representative shall be allowed for his or her services commissions computed on the inventory value of the property for which the personal representative is accountable less any mortgages or liens plus net principal gains in the estate proceedings at a rate of 2 percent or a rate that the decedent and the personal representative, or the persons who receive the majority interest in the estate and the personal representative, agree to in writing; and such further sums in cases of unusual difficulty or extraordinary services as the court determines reasonable. If a personal representative is derelict in duty, his or her compensation for services may be reduced or denied.
(3)
Attorney fees and commissions. If the personal representative or any law firm with which the personal representative is associated also serves as attorney for the decedent's estate, the court may allow him or her either executor's commissions, (including sums for any extraordinary services as set forth in sub. (2)) or attorney fees. The court may allow both executor's commissions and attorney fees, and shall allow both if the will of the decedent authorizes the payments to be made.
History:  1977 c. 449; 1979 c. 110 s. 60 (4); 1991 a. 124.
The personal representative's failure to communicate with one of the heirs, in violation of a court order, was an appropriate basis for reducing the personal representative's fees. In Matter of Estate of Huehne, 175 Wis. 2d 33, 498 N.W.2d 870 (Ct. App. 1993).
Sub. (3) allows an attorney to act as both personal representative and attorney for an estate but does not allow charging at the usual attorney's billing rate for nonprofessional services. Sherman v. Hagness, 195 Wis. 2d 225, 536 N.W.2d 133 (Ct. App. 1995), 94-2089.
A personal representative's obligation under a bond to reimburse the surety company's attorney fees incurred on the bond was an allowable expense of the personal representative under this section. Estate of Burgess v. Peterson, 214 Wis. 2d 180, 571 N.W.2d 432 (Ct. App. 1997), 96-1455.
Sub. (1) did not authorize payment for 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.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.07 - Allowances to personal representative for costs.

857.07
Allowances to personal representative for costs.
When costs are allowed against a personal representative in any action or proceeding the same shall be allowed the personal representative in the personal representative's administration account unless it appears that the action or proceeding in which the costs were taxed was prosecuted or resisted without just cause on the personal representative's part; and the court may determine, in rendering the judgment, whether the costs shall be paid out of the estate or by the personal representative. The court may allow as costs the sum paid by a personal representative on any bond or undertaking given by the personal representative in the case.
History:  1993 a. 486.
A personal representative's obligation under a bond to reimburse the surety company's attorney fees incurred on the bond was an allowable expense of the personal representative under this section. Estate of Burgess v. Peterson, 214 Wis. 2d 180, 571 N.W.2d 432 (Ct. App. 1997), 96-1455.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.09 - Procedure which may be followed when personal representative fails to perform.

857.09
Procedure which may be followed when personal representative fails to perform.
If a personal representative fails to perform an act or file a document within the time required by statute or order of the court the court upon its own motion or upon the petition of any person interested may order the personal representative for the estate and his or her attorney to show cause why the act has not been performed or the document has not been filed and shall mail a copy of the order to the sureties on the bond of the personal representative. If cause is not shown the court shall determine who is at fault. If both are at fault, the court may dismiss both and then appoint a personal representative and appoint an attorney acceptable to the personal representative to complete the administration of the estate. If only the personal representative is at fault, he or she may be summarily dismissed and in that event the court shall then appoint another personal representative to complete the administration and close the estate. If only the attorney is at fault, the court may dismiss the attorney and instruct the personal representative to employ another attorney; if the personal representative fails to employ another attorney within 30 days, the court shall appoint an attorney. No other procedure for substitution of attorney is required in such cases. The procedure set forth in this section is not exclusive.
History:  1977 c. 449.
Cross-reference:  This procedure is mandatory when the personal representative fails to comply with the requirements of ss. 862.17 and 863.35.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.10 - Failure to comply with certain statutes.

857.10
Failure to comply with certain statutes.
Failure of the personal representative to comply with ss. 858.03, 859.29 or 862.11 is prima facie evidence of neglect of duty.
History:  1971 c. 211 s. 126.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.11 - Ordering personal representative to appear; costs.

857.11
Ordering personal representative to appear; costs.
Whenever the court issues an order directed to the sheriff requiring the personal representative to appear before it, all costs incurred by the court in the proceeding may be charged to the personal representative personally and may be deducted from the fees which the personal representative may receive for the personal representative's services as personal representative.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.13 - Powers of surviving personal representative.

857.13
Powers of surviving personal representative.
Every power exercisable by copersonal representatives may be exercised by the survivors of them when one or more is dead or by the others when less than the number designated in the will are appointed by the court or when an appointment is terminated by order of the court or by resignation accepted by the court unless the power is given in the will and its terms provide otherwise as to the exercise of the power.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.15 - When personal representative removed, resigns.

857.15
When personal representative removed, resigns.
The judge may accept the written resignation of any personal representative. When a personal representative is adjudicated incompetent, disqualified, unsuitable, incapable of discharging the personal representative's duties, or is a nonresident of this state who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate and caused such appointment to be filed with the court, the court shall remove the personal representative. When any personal representative has failed to perform any duty imposed by law or by any lawful order of the court or has ceased to be a resident of the state, the court may remove the personal representative. When grounds for removal appear to exist, the court on its own motion or on the petition of any person interested shall order the personal representative to appear and show cause why the personal representative should not be removed.
History:  1993 a. 486; 2005 a. 387.
A personal representative's erroneous assessments of law, reached in good faith, do not establish any basis for removal. DiBenedetto v. Jaskolski, 2003 WI App 70, 261 Wis. 2d 723, 661 N.W.2d 869, 01-2189.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.17 - Validity of acts of personal representative prior to removal.

857.17
Validity of acts of personal representative prior to removal.
The resignation, removal or death of a personal representative after letters have been issued to the personal representative do not invalidate the personal representative's official acts performed prior to the resignation, death or removal.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.19 - When will proved after letters issued.

857.19
When will proved after letters issued.
When after letters are issued to a personal representative by a court in the estate of a decedent, whether testate or intestate, a will of the decedent is proved and allowed by the court, the powers of the personal representative cease, and the court shall remove the personal representative. All acts of the personal representative before removal are as valid as if the will had not been allowed.
History:  1977 c. 449.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.21 - Appointment of successor personal representative.

857.21
Appointment of successor personal representative.
When a personal representative dies, is removed by the court, or resigns and the resignation is accepted by the court, the court may, and if the personal representative was the sole or last surviving personal representative and administration is not completed, the court shall appoint another personal representative in the personal representative's place.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.23 - Rights and powers of successor personal representative.

857.23
Rights and powers of successor personal representative.
A successor personal representative has all the rights and powers of his or her predecessor except that the successor may not exercise powers given in a will which by its terms are personal to the personal representative therein designated.
History:  1993 a. 486.
2023 Wisconsin Statutes & Annotations › Chapter 857 - Powers and duties of personal representatives. › 857.25 - Continuation of business.

857.25
Continuation of business.
(1)
Generally. Upon a proper showing, the court may by order authorize the personal representative to continue any business of the decedent, but the order may not be contrary to the provisions of the decedent's will. The order may be with or without notice. If notice is not given to all interested persons before the order is made, notice of the order shall be given within 5 days after the order. The order may provide:
(a)
For the conduct of the business solely by the personal representative or jointly with one or more of the decedent's surviving partners or as a corporation or limited liability company to be formed by the personal representative;
(b)
As between the estate and the personal representative, the extent of the liability of the estate and the extent of the liability of the personal representative for obligations incurred in the continuation of the business;
(c)
As between distributees, the extent to which liabilities incurred in conduct of the business are to be chargeable solely to a part of the estate set aside for use in the business or to the estate as a whole; and
(d)
As to the period of time for which the business may be conducted and such other conditions, restrictions, regulations, requirements and authorizations as the court orders.
(2)
Rights of creditors. Nothing contained in this section affects the rights of creditors against the estate or the personal representative. Expenses incurred in the operation of a business, other than those incurred to wind up and dispose of a business, are not considered costs and expenses of administration for the purpose of determining priority of payment under s. 859.25 and are subordinate to all claims and allowances listed in s. 859.25.
History:  1993 a. 112.