863.19 Valuation used in distribution of estate assets. If a general bequest of estate assets, including a pecuniary bequest, in a dollar amount fixed by formula or otherwise is satisfied by a distribution in kind, the distribution shall be made at current fair market values unless the will expressly provides that another value may be used. If the will requires or permits a different value to be used, all assets available for distribution, including cash, shall unless otherwise expressly provided be so distributed that the assets, including cash, distributed in satisfaction of the bequest will be fairly representative of the net appreciation or depreciation in the value of the available property on the dates of distribution. A provision in a will that the personal representative may fix values for the purpose of distribution does not of itself constitute authorization to fix a value other than current fair market value.
The valuation of assets for distribution is the current market value at the time of distribution. Estate of Naulin, 56 Wis. 2d 100, 201 N.W.2d 599 (1972).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 863 - Closing estates.
863.05 - Execution and levies by creditors of distributees prohibited.
863.07 - Assignment by distributee.
863.08 - Exchange by distributee and surviving spouse.
863.09 - Allowance for tombstone and care of grave.
863.11 - Order in which assets appropriated; abatement.
863.13 - No exoneration of encumbered property.
863.16 - Value used in distribution of fractional shares.
863.17 - Partition by agreement.
863.19 - Valuation used in distribution of estate assets.
863.21 - Construction of will, notice.
863.23 - Determination and proof of heirship.
863.25 - Petition for final judgment.
863.27 - Contents of final judgment.
863.29 - Recording final judgment.
863.31 - Conclusiveness of final judgment.
863.33 - Estates to be completed promptly.
863.37 - Distribution of money or other property where payment or transfer is prohibited.
863.41 - Receipts to be filed.
863.43 - Distribution to ward; notice.
863.45 - Receipts from guardians.
863.46 - Remedy of creditors of certain heirs and legatees; service of citation.