879.05 Notice; manner of giving.
(1) Generally. Unless the statute requiring notice in a particular proceeding provides otherwise, notice required in the administration of an estate or other proceeding shall be given either by mail under sub. (2) or by personal service under sub. (3). The first notice given by mail in any administration or other proceeding must be accompanied by notice by publication given under sub. (4). Notice by publication in addition to mailed notice is required for subsequent hearings if the name or the post-office address of one or more persons entitled to notice has not been ascertained.
(2) Service by mail. Service shall be made by first class mail either within or without the state at least 20 days before the hearing or proceeding upon any person whose post-office address is known or can with reasonable diligence be ascertained.
(3) Personal service. Personal service shall be made at least 10 days before the hearing under s. 801.11, except as that section provides for service by publication and except that substituted service under s. 801.11 (1) (b) may not be made outside this state.
(4) Service by publication. Unless a statute provides otherwise, every court notice required to be given by publication shall be published as a class 3 notice in a newspaper published in the county, eligible under ch. 985, as the court by order directs.
History: 1973 c. 12; Sup. Ct. Order, 67 Wis. 2d 585, 783 (1975); 1977 c. 449.
When heirs at law had not been heard from for 30 to 40 years, published notice of hearing on proof of the will was legal notice to the heirs under s. 856.11. In re Estate of Phillips, 92 Wis. 2d 354, 284 N.W.2d 908 (1979).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 879 - Probate — notice, appearance, appeal and miscellaneous procedure.
879.05 - Notice; manner of giving.
879.07 - Proof of service of notice.
879.09 - Notice requirement satisfied by waiver of notice.
879.11 - Notice requirement satisfied by appearance.
879.13 - Delayed service of notice.
879.15 - Appearances, how made.
879.17 - Attorney, appearance by.
879.21 - Appearance for person domiciled in foreign country.
879.25 - Attorney for person in military service.
879.26 - Waiver of right to certain documents.
879.31 - Relief from judgment or order.
879.33 - Costs, if allowed; judgment for.
879.35 - Costs in will contests.
879.37 - Attorney fees in contests.
879.39 - Security and judgment for costs.
879.43 - Money judgment in favor of estate.
879.45 - Jury trials, practice.
879.47 - Papers, preparation and filing.
879.51 - Court not to delay in setting matter for hearing.
879.53 - Hearings set for a day certain.
879.55 - Correction of clerical errors in court records.
879.57 - Special administrator; personal representative, guardian.
879.61 - Discovery proceedings.
879.63 - Action by person interested to secure property for estate.