Chapter 877, ACTIONS BY AND AGAINST PERSONAL REPRESENTATIVES, HEIRS, AND LEGATEES

877.01 Tort actions on surviving causes. If a cause of action survives under ch. 895, a personal representative may maintain an action on the cause of action against the wrongdoer in every case in which the decedent could, if living, maintain the action and, after the wrongdoer’s…

877.03 Multiple personal representatives to be considered one. In an action or proceeding against more than one personal representative of an estate, all of the personal representatives shall all be considered to be representing the decedent. Service of the summons on one persona…

877.05 Judgment not to bind realty. A decedent’s real estate shall not be bound or in any way affected by, or liable to be sold by virtue of any execution issued upon, any judgment against the decedent’s personal representative except as provided in s. 811.25. History: Sup. Ct. O…

877.06 Prosecution and defense of actions by personal representatives; setoff of claims against decedent; judgments, how appealed and paid. (1) A personal representative may commence and prosecute an action and may prosecute any action commenced by his or her predecessor or deced…

877.07 Authority of deceased personal representative’s personal representative. The personal representative of a deceased personal representative shall not meddle with the estate that the deceased personal representative was entrusted with or take any charge or control of the est…

877.08 Liability as executor of his or her own wrong. No person shall be liable to an action as executor of his or her own wrong, but the wrongdoer shall be responsible to the personal representative for the value of any property or effects wrongfully received or taken and for al…

877.14 Rebuttal of inventory. (1) In any action or proceeding against a personal representative, the inventory of the decedent’s property filed by the personal representative shall be prima facie evidence of the property that has come to the personal representative’s possession o…

877.16 Foreign personal representatives empowered to act. When no personal representative has been appointed in this state for the estate of any decedent who was not a resident of this state at the time of his or her death, a foreign personal representative of the decedent, upon …

877.17 Actions against personal representatives; when allowed; when not. No attachment or execution may be issued against the estate of the decedent or the personal representative until the expiration of the time limited for the payment of debts, except as provided in ss. 811.25 …

877.18 Action to recover from heirs, legatees; parties defendant. Actions against the heirs or legatees and devisees of any decedent to recover the value of any assets that may have been paid or delivered to them by a personal representative may be brought against all of the heir…

877.19 Action against heirs and legatees; what may be recovered; costs. If an action described in s. 877.18 is brought, the plaintiff must show that he or she has been or will be unable, with due diligence, to collect all or part of his or her debt by proceedings in the circuit c…

877.20 Contribution among heirs. Any heir against whom recovery is made under ss. 877.18 and 877.19 may maintain an action against the other heirs to whom any assets may have been paid or delivered by the personal representative, jointly or against any of them separately, for a j…

877.21 Recovery against legatee; contribution. (1) If an action is brought against all the legatees and devisees, the plaintiff shall not recover unless the plaintiff shows, in addition to the facts required to be shown in an action against the heirs, any of the following: (a) Th…

877.22 Payment a discharge. In case of any judgment against several heirs, legatees, or devisees, the payment or satisfaction of the amount recovered against any one of the defendants shall discharge that defendant from the judgment and from execution on the judgment. History: 19…

877.26 Accounts as evidence. The account of the personal representative, settled by the proper circuit court, may be used in any action brought under the provisions of this chapter as presumptive evidence of any matter of fact stated in the account. History: 1977 c. 449 s. 497; 1…

877.28 Limit of liability. When part of the plaintiff’s debt has been collected, the plaintiff may recover only the residue remaining unpaid. When the action is against the devisees and legatees, the plaintiff may recover only that part of the debt that is not recoverable from th…

877.29 Debts charged upon realty not affected. Nothing in this chapter shall affect the liability of heirs or beneficiaries for any debt of their decedent that was by the decedent’s will expressly charged upon property or made payable exclusively out of particular property or of …

877.32 Judgment, how collected. If any real estate that descended or was devised to any defendant is not aliened by the defendant before the filing of a notice of the pendency of an action, the court shall adjudge that the debt owing to the plaintiff, or the portion of the debt t…

877.36 Debts, order of payment. The next of kin, legatees, heirs, or devisees who are liable for demands against the decedent under this chapter shall be given preference in the payment of and shall be liable for demands against the estate in the following order: (1) Debts entitl…

877.38 Defenses. If the decedent’s next of kin, legatees, heirs, and devisees show that there are unsatisfied debts of the decedent that are of a class prior to or the same as the class of the debt on which the action is brought and that the value of the personal property deliver…

877.39 Extent of liability. If the personal property delivered to the decedent’s next of kin or legatees or the real estate descended or devised to the decedent’s heirs or devisees exceeds the amount of debts that are entitled to a preference over the debt for which an action is …

877.40 Preferred debts deducted. If any debt of the decedent that is of the same or a prior class to that on which an action is brought has been paid by any next of kin, legatee, heir, or devisee, that person may give evidence of the payment, and the amount of debts so paid shall…

877.41 Rights and liabilities of posthumous child and witness to will. A child born after the making of a will who is entitled to succeed to a portion of any of the testator’s property, or a witness to a will who is entitled to recover any portion of the testator’s property from …

877.42 Estate of deceased heir liable. The estate of any heir, devisee, legatee, or next of kin of a decedent who dies before paying his or her just share of the decedent’s debts is liable for his or her share of the decedent’s debts, as a personal debt, to the same extent that h…