865.10 Personal representative to proceed without court order; exception.
(1) The personal representative shall proceed with the settlement and distribution of the decedent's estate and, except as provided by this chapter or required by interested persons, shall do so without adjudication, order or direction of the court. At any time, however, the personal representative may invoke the authority of the court to resolve questions concerning the estate or its administration. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate of the decedent according to its terms.
(2) Any determination made in the course of informal administration or probate is subject to review and redetermination by the court in formal judicial proceedings at any time prior to termination of the appointment of the personal representative under s. 865.16 (2), or the entry of final judgment under ch. 863. Any such redetermination shall not affect the rights of bona fide purchasers and other 3rd parties dealing in good faith with an informally appointed personal representative.
History: 1973 c. 39; 1975 c. 331.
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.