Chapter 865, PROBATE — INFORMAL ADMINISTRATION

865.01 Applicability of informal administration. “Informal administration of estates” means the administration of decedents’ estates, testate and intestate, without exercise of continuous supervision by the court. Administrative action by the probate registrar is not action by th…

865.02 Use of informal administration. (1) Informal administration may be used: (a) Where the decedent died testate and: 1. The will does not prohibit the use of informal administration; 2. The will names a personal representative who accepts such appointment; 3. Bond is furnishe…

865.03 Formal proceedings: nature; effect. (1) A formal proceeding in this chapter is a judicial proceeding before the court involving the administration of the estate of a decedent, in-

865.031 Effect of fraud and evasion. Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter, or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may obtain ap…

865.04 Proceedings independent; exceptions. (1) Except where a demand for formal administration of the estate has been duly made: (a) Any interested person may apply for informal administration if administration of the estate has not been commenced under s. 856.07 or 879.57 or ch…

865.05 Notice: method and time of giving. (1) Notice of application to initiate administration of an estate under this chapter shall be given to the persons entitled thereto under s. 879.03 (2) and (3) in accordance with s. 879.05, unless waived under s. 879.09. Notice to credito…

865.06 Application; contents. (1) The application to initiate informal administration shall be verified and shall be directed to the probate registrar of the court designated by s. 856.01 and shall state the information required by ss. 879.01 and 856.09, and whether any probate o…

865.065 Probate registrar: definition and powers. (1) The term “probate registrar” refers to the official of the court designated to perform the functions of probate registrar. The acts and orders which this chapter specifies as performable by the probate registrar may be perform…

865.07 Determinations required of probate registrar. (1) Where no administration proceedings are pending, upon receipt of an application for informal administration the probate registrar shall determine whether: (a) The application is complete including verification and the appli…

865.08 Informal appointment; letters. (1) (ac) Upon receipt of an application and making the determinations required by s. 865.07, the probate registrar may enter a statement of informal administration, admit a will to informal probate, and appoint the personal representative nom…

865.09 Powers and duties; time of accrual. (1) A personal representative to whom letters have been issued by the probate registrar and whose letters have not been revoked has all the powers of a personal representative to whom letters have been issued by the court. (2) The duties…

865.10 Personal representative to proceed without court order; exception. (1) The personal representative shall proceed with the settlement and distribution of the decedent’s estate and, except as provided by this chapter or required by interested persons, shall do so without adj…

865.11 Inventory and tax returns. (1) A personal representative who is not successor to another representative who previously has discharged this duty shall prepare an inventory of property owned by the decedent at the time of death. The inventory may indicate as to each listed i…

865.12 Employment of appraisers. The personal representative may employ a qualified and disinterested appraiser to assist in ascertaining values of any assets where valuation is subject to reasonable doubt. The name and address of any appraiser so employed shall be indicated on t…

865.13 Personal representative may pay claims. The personal representative may pay in good faith just demands against the estate, whether filed as a claim or not, on or before the deadline for filing a claim under s. 859.01, or at any time with the consent of the heirs or benefic…

865.14 Improper distribution; liability of distributee. A distributee of property which was distributed or paid improperly and a claimant who was paid improperly are liable to return the property or assets so distributed or paid together with all income received thereon, unless t…

865.15 Purchasers from distributees protected. If property distributed in kind or a security interest therein is acquired from a distributee by a purchaser, or lender, in good faith, for value and without actual notice that the distribution was improper, the purchaser or lender t…

865.16 Closing estates by sworn statement. (1) As an alternative to closing an estate under ch. 863, a personal representative may close an estate by filing with the probate registrar a verified statement that the personal representative, or a prior personal representative whom h…

865.17 Liability of distributees to claimants. After assets of an estate have been distributed, and subject to s. 865.19, an undischarged claim not barred by notice under s. 859.07 or otherwise may be prosecuted in a proceeding against one or more distributees of property from an…

865.18 Limitations on proceedings against personal representative. Unless barred by adjudication and except as provided in the closing statement, the rights of interested persons and of creditors whose claims have not otherwise been barred against the personal representative for …

865.19 Limitations on actions and proceedings against distributees. (1) Unless previously adjudicated in a formal testacy proceeding or otherwise barred, the claim of any claimant to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, …

865.20 Termination of joint tenancy or life estate. (1) As an alternative to ss. 867.04 and 867.045, the personal representative may file with the probate registrar a verified statement describing property in which the decedent had an interest as joint tenant or life tenant, incl…

865.201 Confirmation of interest in property. (1) As an alternative to s. 867.046 the personal representative may file with the probate registrar a verified statement describing property in which the decedent had an interest in marital property or in which any designated person, …

865.202 Transfer of interest in property. (1) If the estate is closed under s. 865.16, the personal representative may file with the probate registrar a verified statement describing property in which the decedent had an interest other than an interest specified in s. 865.20 or 8…

865.21 Receipts to be filed. The personal representative shall file with the probate registrar receipts from the distributees in the manner prescribed under s. 863.41.