Time for filing.
The guardian of the estate shall file the initial inventory within 60 days after appointment, unless the court extends or reduces the time.
Notice of inventory.
The court shall specify the persons to whom the guardian of the estate shall provide copies of the inventory.
The guardian of the estate shall pay from the ward's income and assets the fee specified in s. 814.66 (1) (b) 2.
at the time the inventory or other documents concerning the value of the income and assets are filed.
The court may order that the guardian of the estate appraise all or any part of the ward's assets.
Verification, examination in court.
Every guardian of the estate shall verify by oath to the best of the guardian's information and belief that every inventory required of the guardian of the estate includes all income and assets of the ward. The court, at the request of any party or on its own motion may examine the guardian of the estate on oath as to the inventory or any supposed omission from the inventory.
Citation to file inventory and to account.
If any guardian neglects to file the inventory or account when required by law, the court shall call the attention of the guardian of the estate to the neglect. If the guardian of the estate continues to neglect his or her duty, the court shall order the guardian of the estate to file the inventory, and the costs may be adjudged against the guardian of the estate.
History: 2005 a. 387
Except as provided in sub. (3)
or unless waived by a court, every guardian, including a corporate guardian, shall, prior to April 15 of each year, file an account under oath that specifies the amount of the ward's assets or income received and held or invested by the guardian, the nature and manner of the investment, and the guardian's receipts and expenditures during the preceding calendar year. The court may order the guardian to render and file, within 30 days, a like account for less than a year. In lieu of the filing of these accounts before April 15 of each year, the court may, by appropriate order upon motion of the guardian, direct the guardian of an estate to render and file the annual accountings within 60 days after the anniversary date of the guardian's qualification as guardian, with the accounting period from the anniversary date of qualification to the ensuing annual anniversary date. The guardian shall also report any change in the status of the surety upon the guardian's bond. If the court determines it to be in the ward's best interests, the court may specify the persons to whom the guardian shall distribute copies of the account.
Display of assets.
Upon rendering the account the guardian shall produce for examination by the court, or by a person satisfactory to the court, evidence of all of the ward's securities, depository accounts, and other investments, which shall be described in the account in sufficient detail so that they may be readily identified. The court or person satisfactory to the court shall ascertain whether the evidence of securities, depository accounts, and other investments correspond with the account.
If a ward's income and assets do not exceed the amount specified in s. 867.03 (1g) (intro.)
, the guardian need not file an account under sub. (1)
unless otherwise ordered to do so by the court. For the purposes of this paragraph, the value of the ward's income and assets does not include the ward's income, any burial trust possessed by the ward, or any term or other life insurance policy that is irrevocably assigned to pay for the disposition of the ward's remains at death.
If the ward's income and assets, as calculated under par. (a)
, increase above the amount specified in s. 867.03 (1g) (intro.)
, the guardian shall so notify the court, which shall determine if an annual account under sub. (1)
or a final account under s. 54.66
Annual accounts of married wards. 54.62(4)(a)
For a married ward, the court may waive filing of an annual account under sub. (1)
or permit the filing of a modified annual account, which shall be signed by the ward's guardian and spouse and shall consist of all of the following:
Total assets of the ward, as determined under ch. 766
, on January 1 of the year in question.
Income in the name of the ward, without regard to ch. 766
, and the ward's joint income.
Expenses incurred on behalf of the ward, including the ward's proportionate share of household expenses if the ward and the ward's spouse reside in the same household, without regard to ch. 766
Total marital property of the ward, as determined under ch. 766
, on December 31 of the year in question.
The court shall provide notice of the waiver under par. (a)
to any adult child of the ward.
Examination of accounts.
The account shall be examined as the court directs. If the account is not satisfactory, the court shall order action as justice requires and shall direct that notice be provided to the guardian personally or by certified mail. If notice is provided to the guardian under this subsection, the court may appoint a guardian ad litem for the ward.