859.09 Transfer of claims when administration fails. Claims filed against the estate of a decedent following an order and notice to creditors shall, if the administration proceeding fails, be deemed filed upon notice to creditors in a subsequent administration proceeding. If the subsequent proceeding is in a different county, such claims shall be transmitted to and filed in the proper court. 859.13
Form and verification of claims. (1) GENERAL REQUIREMENTS. No claim shall be allowed unless it is in writing, describes the nature and amount thereof, if ascertainable, and is sworn to by the claimant or someone for the claimant that the amount is justly due, or if not yet due, when it will or may become due, that no payments have been made thereon which are not credited, and that there are no offsets to the knowledge of the affiant, except as therein stated. If the claim is one for which property is available under s. 859.18, the claim shall describe which classification under s. 766.55 (2) is applicable to the claim. The claim shall also show the post-office address of the claimant. The presumption under s. 766.55 (1) applies to the classification of claims for which property is available under s. 859.18. (2) REQUIREMENTS WHEN CLAIM FOUNDED ON WRITTEN INSTRUMENT. If a claim is founded on a written instrument which is available, the original or a copy thereof with all endorsements must be attached to the claim. History: 1985 a. 37. Cross-reference: See s. 859.19 as to secured claims. NOTE: As to sub. (1) see notes in 1985 Wis. Act 37, marital property trailer bill. Provisions of sub. (2) are properly construed as directory and not mandatory. In matter of Estate of Alexander, 75 Wis. 2d 168, 248 N.W.2d 475 (1977). A claimant has the burden of proving the existence of an express agreement by a deceased former employer to pay compensation in addition to wages paid during the claimant’s employment. In re Estate of Huber, 81 Wis. 2d 55, 259 N.W.2d 714 (1977).