877.39 Extent of liability. If the personal property delivered to the decedent's next of kin or legatees or the real estate descended or devised to the decedent's heirs or devisees exceeds the amount of debts that are entitled to a preference over the debt for which an action is brought, judgment shall be rendered against the next of kin, legatees, heirs, or devisees only for a sum that is a just proportion to the other debts of the same class with that on which the action is brought.
History: 1979 c. 32 s. 55; Stats. 1979 s. 777.39; 2001 a. 102 s. 123; Stats. 2001 s. 877.39.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 877 - Actions by and against personal representatives, heirs, and legatees.
877.01 - Tort actions on surviving causes.
877.03 - Multiple personal representatives to be considered one.
877.05 - Judgment not to bind realty.
877.07 - Authority of deceased personal representative's personal representative.
877.08 - Liability as executor of his or her own wrong.
877.14 - Rebuttal of inventory.
877.16 - Foreign personal representatives empowered to act.
877.17 - Actions against personal representatives; when allowed; when not.
877.18 - Action to recover from heirs, legatees; parties defendant.
877.19 - Action against heirs and legatees; what may be recovered; costs.
877.20 - Contribution among heirs.
877.21 - Recovery against legatee; contribution.
877.26 - Accounts as evidence.
877.29 - Debts charged upon realty not affected.
877.32 - Judgment, how collected.
877.36 - Debts, order of payment.
877.40 - Preferred debts deducted.
877.41 - Rights and liabilities of posthumous child and witness to will.