Chapter 857, POWERS AND DUTIES OF PERSONAL REPRESENTATIVES

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 petiti…

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 intere…

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 purcha…

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.

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…

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 represen…

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 ac…

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…

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.

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 personal…

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 app…

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, o…

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 r…

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 ceas…

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…

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 representat…

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 witho…

857.27 Personal representatives or trustees may form corporation or limited liability company. The court may by order authorize the personal representatives or trustees of the estate of a decedent or one or more of the personal representatives or trustees to organize a corporatio…

857.29 Personal representative may plat land. The court may by order authorize the personal representative to plat land which is a part of the estate, either alone or together with other owners of the real estate. The personal representative must comply with the same statutes, or…

857.31 Immunity of personal representative. A personal representative incurs no liability to any person as a result of any of the following: (1) Giving notice to any potential claimant against the estate that proceedings to administer the estate are pending, the court in which th…

857.35 Notification of spouse. If a personal representative who is not a surviving spouse becomes aware that any beneficiary other than the surviving spouse is designated to receive more than 50 percent of the proceeds of any life insurance policy or deferred employment benefit p…