Chapter 851, PROBATE — DEFINITIONS AND GENERAL PROVISIONS

851.002 Definitions. The definitions in ss. 851.01 to 851.31 apply to chs. 851 to 882. History: 1979 c. 89; 1997 a. 188. Wisconsin’s New Probate Code. Erlanger. Wis. Law. Oct. 1998. 851.21 851.23 851.27 851.29 851.295 851.30 851.31 851.40 851.50 851.55 851.70 851.71 851.72 851.73…

851.01 Administration. “Administration” means any proceeding relating to a decedent’s estate whether testate or intestate.

851.03 Beneficiary. “Beneficiary” means any person nominated in a will to receive an interest in property other than in a fiduciary capacity.

851.035 Conscious presence. “Conscious presence” means within the range of any of a person’s senses. History: 1997 a. 188.

851.04 Court. “Court” means the circuit court or judge assigned to exercise probate jurisdiction. History: 1977 c. 449.

851.05 Decedent. “Decedent” means the deceased person whose estate is subject to administration.

851.055 Deferred marital property. “Deferred marital property” means any property that satisfies all of the following: (1) Is not classified by ch. 766. (1m) Is not classified as individual property or marital property under a valid marital property agreement, unless the marital …

851.06 Determination date. “Determination date” has the meaning given under s. 766.01 (5). History: 1985 a. 37.

851.065 Devise. “Devise,” when used as a noun, means a testamentary disposition of any real or personal property by will.

851.07 Distributee. “Distributee” means any person to whom property of a decedent is distributed other than in payment of a claim, or who is entitled to property of a decedent under the decedent’s will or under the statutes of intestate succession. History: 1993 a. 486.

851.08 Domestic partner. “Domestic partner” has the meaning given in s. 770.01 (1) and “domestic partnership” has the meaning given in s. 770.01 (2). History: 2009 a. 28.

851.09 Heir. “Heir” means any person, including the surviving spouse, who is entitled under the statutes of intestate succession to an interest in property of a decedent. The state is an heir of the decedent and a person interested under s. 45.51 (10) and (11) when the decedent w…

851.11 Intestate succession. “Intestate succession” means succession to title to property of a decedent by reason of ch. 852, without regard to whether the property descends or is distributed.

851.13 Issue. “Issue” means children, grandchildren, greatgrandchildren, and lineal descendants of more remote degrees, including those who occupy that relation by reason of adoption under s. 854.20 and nonmarital children and their lineal descendants to the extent provided by s.…

851.15 Mortgage. “Mortgage” means any agreement or arrangement in which property is used as security.

851.17 Net estate. “Net estate” means all property subject to administration less the property selected by the surviving spouse or surviving domestic partner under s. 861.33, the allowances made by the court under ss. 861.31, 861.35 and 861.41 except as those allowances are charg…

851.19 Person. “Person” includes natural persons, corporations and other organizations.

851.21 Person interested. (1) WHO ARE “PERSONS INTERESTED”. The following are “persons interested”: (a) An heir of the decedent. (b) Except as provided in s. 853.32 (2) (e), a beneficiary named in any document offered for probate as the will of the decedent and includes a person …

851.23 Personal representative. “Personal representative” means any person to whom letters to administer a decedent’s estate have been granted by the court or by the probate registrar under ch. 865, but does not include a special administrator. History: 1973 c. 39.

851.27 Property. “Property” means any interest, legal or equitable, in real or personal property, without distinction as to kind, including money, rights of a beneficiary under a contractual arrangement, choses in action, digital property, as defined in s. 711.03 (10), and anythi…

851.29 Sale. “Sale” includes an option or agreement to transfer whether the consideration is cash or credit. It includes exchange, partition and settlement of title disputes. The intent of this section is to extend and not to limit the meaning of “sale”.

851.295 Surviving domestic partner. “Surviving domestic partner” means a person who was in a domestic partnership under ch. 770 with the decedent, at the time of the decedent’s death. History: 2009 a. 28.

851.30 Surviving spouse. (1) Subject to sub. (2), “surviving spouse” means a person who was married to the decedent at the time of the decedent’s death. (2) “Surviving spouse” does not include any of the following: (a) An individual who obtains or consents to a final decree or ju…

851.31 Will. Unless the context or subject matter indicates otherwise, “will” includes a codicil and any document incorporated by reference in a testamentary document under s. 853.32 (1) or (2). “Will” does not include a copy, unless the copy has been proven as a will under s. 85…

851.40 Basis for attorney fees. (1) Any attorney performing services for the estate of a deceased person in any proceeding under chs. 851 to 879, including a proceeding for informal administration under ch. 865, shall be entitled to just and reasonable compensation for such servi…

851.50 Status of adopted persons. The status of adopted persons for purposes of inheritance and transfers under wills or other governing instruments, as defined in s. 854.01 (2), is governed by ss. 854.20 and 854.21. History: 1997 a. 188; 2005 a. 216.

851.55 Simultaneous death. The transfer of or title to property that depends upon priority of death with respect to 2 or more persons who die simultaneously is governed by s. 854.03. History: 1977 c. 214, 449; 1983 a. 186; 1993 a. 486; 1997 a. 188.

851.70 Presumption in favor of orders. When the validity of any order or judgment of a circuit court in a probate proceeding or certificate to terminate a life estate or joint tenancy in a death tax proceeding is drawn in question in another action or proceeding, everything neces…

851.71 Appointment and compensation of registers in probate. (1) In each county, the judges of the county shall appoint and may remove a register in probate. Appointments and removals may be made only with the approval of the chief judge. Before entering upon duties, the register…

851.72 Duties of registers in probate. The register in probate shall: (1) File and keep all papers properly deposited with him or her unless required to transmit such papers. (1m) (a) 1. Accept receipt for filing and safekeeping of any written statement submitted under s. 50.06 (…

851.73 Powers of registers in probate. (1) The register in probate: (a) May make orders for hearings when the judge is away from the county seat or unable to discharge duties or when given authority in writing by the judge and an application is made to the court in a proceeding u…

851.74 Fees in probate matters. The fees of the register in probate are prescribed in s. 814.66. History: 1977 c. 449; 1981 c. 317.

851.75 Register in probate may be appointed deputy clerk. With the written approval of the chief judge of the judicial administrative district, the circuit judges for the county may appoint the register in probate a deputy clerk. Appointments by the circuit judges under this sect…