LRB-1763/1
PJK:jld:jf
2001 - 2002 LEGISLATURE
February 14, 2001 - Introduced by Representatives Staskunas, Duff, Sherman, La
Fave, Montgomery, Huebsch, Richards, Cullen, Powers, J. Lehman, Ryba,
Hundertmark, Jeskewitz, Albers, Gunderson, Vrakas, Townsend, Berceau,
Kreuser and McCormick, cosponsored by Senators Burke, Farrow and
Huelsman. Referred to Committee on Judiciary.
AB123,1,3
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, 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, 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:
AB123, s. 1
1Section
1. 865.08 (1) (intro.) of the statutes is renumbered 865.08 (1) (ac) and
2amended to read:
AB123,2,73
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.
AB123, s. 2
8Section
2. 865.08 (1) (a) (intro.) of the statutes is renumbered 865.08 (1) (am)
9(intro.) and amended to read:
AB123,2,1210
865.08
(1) (am) (intro.)
Where If no personal representative is named or
where 11if the named personal representative fails to qualify, the personal representative
12shall be
either a any of the following:
AB123,2,15
131. A bank or trust company
that is entitled to exercise fiduciary powers in this
14state
which and that has the consent of all interested persons, other than creditors
15of the deceased
, or a.
AB123,2,17
162. A natural person who has the consent of all interested parties, other than
17creditors of the deceased, and
is: who is not disqualified under s. 856.23.
AB123, s. 3
18Section
3. 865.08 (1) (a) 1., 2. and 3. of the statutes are repealed.
AB123,3,2
1(1) This act first applies to informal administrations commenced as a result of
2deaths occurring on the effective date of this subsection.
