Chapter 856, OPENING ESTATES
17 sections in this chapter.
Wis. Stat. § 856.01 Jurisdiction
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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 ha…
Wis. Stat. § 856.03 Wills in court for safekeeping
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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 …
Wis. Stat. § 856.05 Delivery of will to court
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856.05 Delivery of will to court. 856.05(1)(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 te…
Wis. Stat. § 856.07 Who may petition for administration
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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 …
Wis. Stat. § 856.09 Petition for administration, contents
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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;…
Wis. Stat. § 856.11 Notice of hearing on petition for administration
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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 sha…
Wis. Stat. § 856.13 Will must be proved; informal probate
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856.13 Will must be proved; informal probate. No will shall pass any property unless it has been proved and admitted to probate or informally admitted to probate under ch. 865. History: 1973 c. 39.
Wis. Stat. § 856.15 Proof of will and proof of heirs where uncontested
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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…
Wis. Stat. § 856.16 Self-proved will
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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 i…
Wis. Stat. § 856.17 Missing will, how proved
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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 t…
Wis. Stat. § 856.19 Order admitting will
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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 pro…
Wis. Stat. § 856.21 Persons entitled to domiciliary letters
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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 est…
Wis. Stat. § 856.23 Persons who are disqualified
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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…
Wis. Stat. § 856.25 Bond of personal representative
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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 …
Wis. Stat. § 856.27 Appointment of special administrator if appointment of personal representative is delayed
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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 …
Wis. Stat. § 856.29 Appointment of testamentary trustee
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856.29 Appointment of testamentary trustee. If the will of the decedent provides for a testamentary trust, the court shall appoint the trustee upon admission of the will to probate at the same time that letters are granted to the personal representative, unless the court otherwis…
Wis. Stat. § 856.31 Selection of attorney to represent estate
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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 sh…