LRB-4134/1
PJK:cjs:km
1999 - 2000 LEGISLATURE
February 15, 2000 - Introduced by Representatives Staskunas, Bock, Stone,
Sherman, Sykora, Ladwig, Spillner, La Fave, Musser, Gunderson, Ryba,
Pettis, Kreuser, Jeskewitz, Cullen and Huber, cosponsored by Senators
George, Risser, Huelsman, Burke, Roessler and
Farrow. Referred to
Committee on Judiciary and Personal Privacy.
AB750,1,3
1An Act to repeal 865.08 (1) (a) 1., 2. and 3.; and
to renumber and amend 865.08
2(1) (intro.) and 865.08 (1) (a) (intro.) of the statutes;
relating to: who may be
3appointed personal representative in informal administration.
Analysis by the Legislative Reference Bureau
Under current law, in the informal administration of an estate, the probate
registrar may appoint a personal representative. If there is a will, the personal
representative appointed by the probate registrar must be the person nominated in
the will or a person requested by the parties interested in the estate, subject to
qualification and acceptance. If no person is nominated in the will, if the person
nominated in the will fails to qualify or if there is no will, the personal representative
appointed by the probate registrar must be either a bank or trust company that is
entitled to exercise fiduciary powers in this state or a natural person. In either case,
the personal representative must have the consent of all of the parties interested in
the estate. In addition, if the personal representative is a natural person, he or she
must be an attorney admitted to practice law in this state or someone who takes
under the will if there is a will or an heir of the decedent if there is no will.
This bill changes the natural persons who may be appointed personal
representative in informal administration if no person is nominated in the will, if the
person nominated in the will fails to qualify or if there is no will. Under the bill, any
person who has the consent of all interested parties and who qualifies may be
appointed. The person does not have to be an attorney or a beneficiary under the will
if there is a will or an heir if there is no will.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB750, s. 1
1Section
1. 865.08 (1) (intro.) of the statutes is renumbered 865.08 (1) (ac) and
2amended to read:
AB750,2,73
865.08
(1) (ac) Upon receipt of an application and making the determinations
4required by s. 865.07, the probate registrar may enter a statement of informal
5administration, admit a will to informal probate and
may appoint the personal
6representative nominated by the will or requested by the interested parties, subject
7to qualification and acceptance.
AB750, s. 2
8Section
2. 865.08 (1) (a) (intro.) of the statutes is renumbered 865.08 (1) (am)
9and amended to read:
AB750,2,1510
865.08
(1) (am)
Where If no personal representative is named or
where if the
11named personal representative fails to qualify, the personal representative shall be
12either a bank or trust company
that is entitled to exercise fiduciary powers in this
13state
which and that has the consent of all interested persons, other than creditors
14of the deceased, or
, subject to s. 856.23, a natural person who has the consent of all
15interested parties, other than creditors of the deceased
, and is:.
AB750, s. 3
16Section
3. 865.08 (1) (a) 1., 2. and 3. of the statutes are repealed.
AB750,2,1918
(1) This act first applies to informal administrations commenced as a result of
19deaths occurring on the effective date of this subsection.
