859.15 Effect of statute of limitations. Except as provided in ss. 46.10 (11), 49.08, 49.195 (1), 49.345 (11), and 301.12 (11), a claim shall not be allowed that was barred by any statute of limitations at the time of the decedent's death. A claim shall not be barred by statutes of limitation that was not barred at the time of the decedent's death if the claim is filed against the decedent's estate in the court on or before the deadline for filing a claim under s. 859.01.
History: 1977 c. 449; 1985 a. 29; 1989 a. 96; 2007 a. 20.
Cross-reference: See s. 893.03, which provides that the presentation of a claim in circuit court is deemed the commencement of an action.
Cross-reference: See s. 856.07, which authorizes any creditor of a decedent to petition for the administration of the estate 30 days after the date of death.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 859 - Probate — claims.
859.01 - Time for filing claims.
859.02 - Limitation on claims.
859.03 - Continuance of separate action.
859.09 - Transfer of claims when administration fails.
859.13 - Form and verification of claims.
859.15 - Effect of statute of limitations.
859.18 - Satisfaction of obligations at death of a spouse.
859.23 - Payment of contingent claims by distributees.
859.25 - Priority of payment of claims and allowances.
859.27 - Execution and levies prohibited.
859.29 - Persons interested may be informed of claims.
859.31 - Compromise of claims.
859.33 - Contest of claims; procedure.
859.35 - Prompt judgment; hearing if claim filed over one year.
859.39 - Delay of payment of claims when funds are insufficient.
859.40 - Creditor's action for property not inventoried.
859.41 - Creditor's action for property fraudulently sold by decedent.
859.43 - Encumbered assets; payment of debt.
859.47 - Payment of unfiled claims.
859.48 - Claims of creditors without notice.
859.49 - Last illness and funeral expense of deceased spouse.