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 furnished if required under s. 865.07 as provided under s. 856.25; and
4. The probate registrar may appoint a guardian ad litem, and shall have the authority, for such purpose, granted to the court by, and shall proceed pursuant to s. 879.23.
(b) Where the decedent died intestate or the requirements of par. (a) 2. and 3. are not satisfied and:
1. All interested persons request or consent in writing to informal administration and to the appointment of the same person as personal representative. A guardian or guardian ad litem may consent on behalf of an interested person who is a minor or is an individual adjudicated incompetent. The probate registrar may appoint a guardian ad litem, and shall have the authority, for such purpose, granted to the court by, and shall proceed pursuant to s. 879.23.
2. Bond is furnished if required under s. 865.07 as provided under s. 856.25.
(2) Where the will of the decedent expressly prohibits informal administration it shall not be used.
History: 1973 c. 39; 1975 c. 331; 2005 a. 387.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 865 - Probate — informal administration.
865.01 - Applicability of informal administration.
865.02 - Use of informal administration.
865.03 - Formal proceedings: nature; effect.
865.031 - Effect of fraud and evasion.
865.04 - Proceedings independent; exceptions.
865.05 - Notice: method and time of giving.
865.06 - Application; contents.
865.065 - Probate registrar: definition and powers.
865.07 - Determinations required of probate registrar.
865.08 - Informal appointment; letters.
865.09 - Powers and duties; time of accrual.
865.10 - Personal representative to proceed without court order; exception.
865.11 - Inventory and tax returns.
865.12 - Employment of appraisers.
865.13 - Personal representative may pay claims.
865.14 - Improper distribution; liability of distributee.
865.15 - Purchasers from distributees protected.
865.16 - Closing estates by sworn statement.
865.17 - Liability of distributees to claimants.
865.18 - Limitations on proceedings against personal representative.
865.19 - Limitations on actions and proceedings against distributees.
865.20 - Termination of joint tenancy or life estate.
865.201 - Confirmation of interest in property.