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, including a court proceeding concerning the use or availability of this chapter. It is distinguished from an administrative proceeding before the probate registrar. Formal proceedings, either as to a particular issue or as to the entire subsequent administration of the estate, may be initiated by the personal representative or by any interested person at any time by a written demand therefor. Formal proceedings may be demanded by a guardian or guardian ad litem on behalf of an interested person who is a minor or is an individual adjudicated incompetent.
(2) A demand for formal proceedings shall be served on the personal representative, if any, and filed with the court. Service of a demand on the personal representative or, if none is appointed, filing of a demand with the court shall suspend informal administration as to the issues or matters referred to therein and shall suspend the powers of the personal representative in respect thereto until the same are reinstated by the court.
History: 1973 c. 39; 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.