2001 Wisconsin Act 102

102,83 Section 83. 340.01 (11) (a) of the statutes is amended to read:

340.01 (11) (a) A receiver, trustee, administrator, executor personal representative, guardian, or other person appointed by or acting under the judgment or order of any court; or

102,84 Section 84. 342.17 (4) (a) 1. of the statutes is amended to read:

342.17 (4) (a) 1. Evidence satisfactory to the department of the issuance of the letters of administration, letters testamentary or other letters authorizing the administration of an estate, letters of guardianship, or letters of trust, or of the appointment of the trustee in bankruptcy;

102,85 Section 85. 342.17 (4) (a) 2. of the statutes is amended to read:

342.17 (4) (a) 2. The title executed by such administrator, executor the personal representative, guardian, or trustee; and

102,86 Section 86. 344.52 (2) of the statutes is renumbered 344.52 (2) (a) and amended to read:

344.52 (2) (a) If a motor vehicle rented for compensation outside this state is operated in this state, the lessor of such the vehicle is deemed considered to have irrevocably appointed the secretary as the agent or attorney upon whom legal process may be served in any action or proceeding against such the lessor or the lessor's executor, administrator, personal representative, successors, or assigns, growing out of the operation of such the rented motor vehicle in this state. Such, which appointment is binding upon the lessor's executor, administrator, personal representative, successors, or assigns. The operation of such the rented motor vehicle in this state is a signification of the lessor's agreement that such legal process or notice may be served upon the lessor or the lessor's executor, administrator, personal representative, successors, or assigns and that process or notice so served has the same legal force as if personally served upon them in this state.

(b) Service of such process or notice under par. (a) shall be made as provided in s. 345.09. This section does not affect the right to serve process or notice on the nonresident operator of the rented motor vehicle as provided in s. 345.09.

102,87 Section 87. 345.09 (1) of the statutes is amended to read:

345.09 (1) The use and operation of a motor vehicle over the highways of this state by a nonresident is deemed considered an irrevocable appointment by such the nonresident of the secretary to be the true and lawful attorney upon whom may be served all legal processes process in any action or proceeding against the nonresident or the nonresident's executor, administrator or personal representative, growing out of the use or operation of the motor vehicle in this state and resulting in damage or loss to person or property, whether the damage or loss occurs on a highway or on abutting public or private property. Such The appointment of the secretary as attorney for service of process is binding upon the nonresident's executor, administrator or personal representative. Such The use or operation of a motor vehicle over the highways of this state by such the nonresident is a signification of the nonresident's agreement that any such legal process or notice against such the nonresident or the nonresident's executor, administrator or personal representative which that is so served shall be of the same legal force and validity as if served on them personally.

102,88 Section 88. 401.201 (12) of the statutes is amended to read:

401.201 (12) "Creditor" includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator a personal representative of an insolvent debtor's or assignor's estate.

102,89 Section 89. 401.201 (35) of the statutes is amended to read:

401.201 (35) "Representative" includes an agent, an officer of a corporation or association, and a trustee, executor or administrator or personal representative of an estate, or any other person empowered to act for another.

102,90 Section 90. 406.103 (1) (d) of the statutes is amended to read:

406.103 (1) (d) Sales by executors, administrators, receivers, personal representatives, trustees in bankruptcy, or any public officer under judicial process;

102,91 Section 91. 452.01 (3) (a) of the statutes is amended to read:

452.01 (3) (a) Receivers, trustees, administrators, executors personal representatives, guardians , or other persons appointed by or acting under the judgment or order of any court.

102,92 Section 92. 551.02 (3) (d) of the statutes is amended to read:

551.02 (3) (d) An executor, administrator A personal representative, guardian, conservator, or pledgee;

102,93 Section 93. 551.23 (6) of the statutes is amended to read:

551.23 (6) Any judicial sale or any transaction by an executor, administrator a personal representative, sheriff, marshal, receiver, trustee in bankruptcy, guardian, or conservator.

102,94 Section 94. 551.65 (1) of the statutes is amended to read:

551.65 (1) Every applicant for license or registration under this chapter, every person filing a notice filing under this chapter and every issuer that proposes to offer a security in this state through any person acting as agent shall file with the division or, if applying for a license, with the organization designated by the division under s. 551.32 (1) (a), an irrevocable consent appointing the division to be his or her attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against him or her or a successor, executor or administrator personal representative that arises under this chapter or any rule or order under this chapter after the consent has been filed, with the same validity as if served personally on the person filing the consent. The consent shall be in the form the division by rule prescribes. The consent need not be filed by a person who has filed a consent in connection with a previous registration or notice filing or license that is then in effect. Service may be made by leaving a copy of the process at the office of the division, but it is not effective unless the plaintiff, who may be the division in a suit, action, or proceeding instituted by the division, promptly sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at the person's last address on file with the division, and the plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, or within such time as the court allows.

102,95 Section 95. 551.65 (2) of the statutes is amended to read:

551.65 (2) When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this chapter or any rule or order under this chapter, and the person has not filed a consent to service of process under sub. (1) and personal jurisdiction over the person cannot otherwise be obtained in this state, that conduct shall be considered equivalent to the person's appointment of the division to be his or her attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against the person or the person's successor, executor or administrator which personal representative that arises out of that conduct and which that is brought under this chapter or any rule or order under this chapter, with the same validity as if served on him or her personally. Service may be made by leaving a copy of the process at the office of the division, but it is not effective unless the plaintiff, who may be the division in a suit, action, or proceeding instituted by the division, promptly sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at the person's last-known address or takes other steps which that are reasonably calculated to give actual notice;, and the plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, or within such time as the court allows.

102,96 Section 96. 553.27 (10) of the statutes is amended to read:

553.27 (10) Every franchisor who files a notification shall file with the division, in the form that the division by rule prescribes, an irrevocable consent appointing the division to be the applicant's attorney to receive service of any lawful process in any civil action against the applicant or the applicant's successor, executor or administrator personal representative that arises under this chapter or any rule or order under this chapter after the consent has been filed, with the same force and validity as if served personally on the person filing the consent. A person who has filed a consent in connection with a previous registration or exemption under this chapter need not file another. Service may be made by leaving a copy of the process in the office of the division, but it is not effective unless the plaintiff, who may be the division in an action instituted by the division, sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at his or her last address on file with the division, and the plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within the time that the court allows.

102,97 Section 97. 553.73 of the statutes is amended to read:

553.73 Service of process. When any person, including any nonresident of this state, engages in conduct prohibited or made actionable by this chapter or any rule or order under this chapter, whether or not the person has filed a consent to service of process under s. 553.27 (10), and personal jurisdiction over the person cannot otherwise be obtained in this state, that conduct shall be considered equivalent to the person's appointment of the division to be the person's attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against the person or the person's successor, executor or administrator which personal representative that grows out of that conduct and which that is brought under this law or any rule or order under this chapter, with the same force and validity as if served on the person personally. Service may be made by leaving a copy of the process at the office of the division, but it is not effective unless the plaintiff, who may be the division in a suit, action, or proceeding instituted by the division, forthwith immediately sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at his or her last-known address or takes other steps which that are reasonably calculated to give actual notice, and the plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any, or within such any further time as that the court allows.

102,98 Section 98. 601.72 (3) of the statutes is amended to read:

601.72 (3) Others affected. The commissioner and department of financial institutions shall also be attorneys for the executors, administrators or personal representatives, receivers, trustees, or other successors in interest of the persons specified in sub. (1).

102,99 Section 99. Chapter 777 (title) of the statutes is renumbered Chapter 877 (title) and amended to read:

Chapter 877
Actions by and against
executors, administrators
personal representatives, heirs,
and legatees

102,100 Section 100. 777.01 of the statutes is renumbered 877.01 and amended to read:

877.01 Tort actions on surviving causes. If the a cause of action survives under ch. 895, the executors or administrators a personal representative may maintain an action thereon on the cause of action against the wrongdoer, in every case where their in which the decedent could, if living, maintain the action and, after the wrongdoer's death, against the wrongdoer's executors or administrators. But personal representative, except that this section shall not extend to actions for slander or libel.

102,101 Section 101. 777.03 of the statutes is renumbered 877.03 and amended to read:

877.03 Executors, etc., Multiple personal representatives to be considered one. In actions an action or proceedings proceeding against executors or administrators they more than one personal representative of an estate, all of the personal representatives shall all be considered as to be representing their testator or intestate, and service the decedent. Service of the summons on one personal representative shall constitute service on all, although the plaintiff may serve each of them. Judgment shall be rendered as if all had been served and execution may be issued against the property of the testator or intestate decedent as if all had appeared. But the plaintiff may actually serve each of them.

Note: Text is reordered for more logical placement.

102,102 Section 102. 777.05 of the statutes is renumbered 877.05 and amended to read:

877.05 Judgment not to bind realty. The A decedent's real estate which belonged to any deceased person shall not be bound or in any way affected by any judgment against the deceased person's executors or administrators, nor shall it be, or liable to be sold by virtue of any execution issued upon such, any judgment against the decedent's personal representative except as provided in s. 811.25.

102,103 Section 103. 777.06 of the statutes is renumbered 877.06 and amended to read:

877.06 Executor may prosecute; set-off; judgment Prosecution and defense of actions by personal representatives; setoff of claims against decedent; judgments, how appealed and paid. (1) An executor or administrator A personal representative may commence and prosecute an action and may prosecute any action commenced by his or her predecessor or decedent for the recovery of any claim or cause of action which that survived and may have execution on any judgment. In the action the defendant may set off any claim pleadable as a counterclaim which that he or she may have against the decedent, instead of presenting it to the court. If judgment is rendered in favor of the defendant the claim shall be certified to the circuit court, and paid as other claims allowed against the estate.

(2) An administrator of effects which were left unadministered by a previous administration of the same estate A successor personal representative may bring a writ of error or appeal upon any judgment against the his or her predecessor or the decedent and shall defend any writ of error or appeal brought upon any such judgment , and against his or her predecessor or the decedent. The successor personal representative shall have the same remedies in the prosecution or defense of any action by or against the his or her predecessor or the decedent and to collect and enforce in the collection and enforcement of any judgment as the his or her predecessor or the decedent had.

102,104 Section 104. 777.07 of the statutes is renumbered 877.07 and amended to read:

877.07 Executor's executor not to sue Authority of deceased personal representative's personal representative. An executor of the will The personal representative of a deceased executor personal representative shall not meddle with the estate which that the latter deceased personal representative was entrusted with or take any charge or control thereof of the estate.

102,105 Section 105. 777.08 of the statutes is renumbered 877.08 and amended to read:

877.08 Liability as executor of his or her own wrong. No person shall be liable to an action as executor of his or her own wrong, but the wrongdoer shall be responsible to the executors or administrators personal representative for the value of any property or effects wrongfully received or taken and for all damages caused by his or her acts to the estate of the decedent.

Note: "Executor" is retained here as part of the phrase "executor of his or her own wrong," which according to Black's Law dictionary is "a stranger who takes upon him (or her) to act as an executor without any just authority," and is also known as an "executor de son tort." See also Merrill v. Comstock, 154 Wis. 434 (1913).

102,106 Section 106. 777.14 of the statutes is renumbered 877.14, and 877.14 (1) and (2), as renumbered, are amended to read:

877.14 (1) In any action or proceeding against executors or administrators a personal representative, the inventory of the decedent's property of the decedent filed by them the personal representative shall be prima facie evidence of the property which that has come to their the personal representative's possession or knowledge and of the value thereof of the property.

(2) In such an action or proceeding against a personal representative, the defendants defendant shall not be charged with choses in action specified in their the defendant's inventory unless it appear appears that the same choses in action have been collected or might have been collected with due diligence.

102,107 Section 107. 777.16 of the statutes is renumbered 877.16 and amended to read:

877.16 Foreign executors, personal representatives empowered to act. When no executor or administrator personal representative has been appointed in this state, on for the estate of any decedent who was not a resident of this state at the time of his or her death, a foreign executor or administrator thereof personal representative of the decedent, upon filing the original, or a certified copy of the original, appointment or a certified copy thereof in any circuit court in this state, may exercise any power over the estate, including sales and assignments, and may prosecute and defend any action and proceeding relating thereto to the estate and shall have all the remedies and defenses in regard to the property and to collect the collection of any demands of the estate which an executor or administrator that a personal representative appointed in this state can have or exercise in relation thereto has.

102,108 Section 108. 777.17 of the statutes is renumbered 877.17 and amended to read:

877.17 Actions against executors personal representatives; when allowed; when not. No attachment or execution may be issued against the estate of the decedent or the executor or administrator, personal representative until the expiration of the time limited for the payment of debts, except as provided in ss. 811.25 and 815.14.

102,109 Section 109. 777.18 of the statutes is renumbered 877.18 and amended to read:

877.18 Action to recover from heirs, legatees; parties defendant. Actions against the heirs or legatees and devisees of any deceased person decedent to recover the value of any assets that may have been paid or delivered to them by any executor or administrator a personal representative may be brought against all of the heirs or all of the legatees and devisees jointly or against one or more of them. If the action is not against all who are liable, the rest shall be made parties on request of the defendant.

102,110 Section 110. 777.19 of the statutes is renumbered 877.19 and amended to read:

877.19 Action against heirs and legatees; what may be recovered; costs. If an action mentioned described in s. 777.18 877.18 is brought, the plaintiff must show that he or she has been or will be unable, with due diligence, to collect all or part of his or her debt or some part thereof by proceedings in the circuit court or from the personal representatives representative of the decedent. In that event, except as limited by s. 859.23, the plaintiff may recover the value of all the assets received by all the defendants if necessary to satisfy his or her demand, and the amount of the recovery shall be apportioned among the defendants in proportion to the value of the property received by each of them; and the costs. Costs of the action shall be apportioned in like manner. No allowance or deduction may be made from the amount on account of other heirs or legatees or devisees to whom assets have also been delivered or paid. The judgment shall express the amount recovered against each defendant for damages and costs.

102,111 Section 111. 777.20 of the statutes is renumbered 877.20 and amended to read:

877.20 Contribution among heirs. Any of the heirs heir against whom recovery shall be had pursuant to ss. 777.18 and 777.19 is made under ss. 877.18 and 877.19 may maintain an action against the other heirs to whom any such assets may have been paid or delivered by the personal representative, jointly or against any of them separately, for a just and equal contribution;, and shall be entitled to recover of from each defendant an amount which shall be that is in the same proportion to the sum collected of from the plaintiff as the value of the assets delivered to such that defendant bore to the value of all the assets delivered to all the heirs.

102,112 Section 112. 777.21 (title) of the statutes is renumbered 877.21 (title).

102,113 Section 113. 777.21 (1) of the statutes is renumbered 877.21 (1) (intro.) and amended to read:

877.21 (1) (intro.) If the an action is brought against all the legatees and devisees, the plaintiff shall not recover unless the plaintiff shows, in addition to the facts required to be shown in an action against the heirs: that, any of the following:

(a) That no assets were delivered by the executor or administrator personal representative to the heirs; or that.

(b) That the value of such the assets delivered to the heirs has been recovered by some other creditor; or that such.

(c) That the assets delivered by the personal representative to the heirs are not sufficient to satisfy the demands of the plaintiff; and in the last case that the plaintiff is entitled to recover the deficiency.

102,114 Section 114. 777.21 (2) of the statutes is renumbered 877.21 (2) and amended to read:

877.21 (2) If the an action be is brought against a preferred legatee or devisee or a preferred class, the plaintiff must also show the same matters as to the legatee or devisee or class to whom the defendants are preferred as is above required to be shown under sub. (1) as to the heirs. And any

(2m) Any legatee or devisee against whom recovery shall be had is made may maintain an action for contribution against others of the same class as heirs may among themselves.

102,115 Section 115. 777.21 (3) of the statutes is renumbered 877.21 (3) and amended to read:

877.21 (3) Specific legacies and devises are preferred to residuary ones legacies and devises.

102,116 Section 116. 777.22 of the statutes is renumbered 877.22 and amended to read:

877.22 Payment a discharge. In case of any judgment against several heirs or, legatees , or devisees, the payment or satisfaction of the amount recovered against any one of the defendants shall discharge such that defendant from the judgment and from execution thereon on the judgment.

102,117 Section 117. 777.26 of the statutes is renumbered 877.26 and amended to read:

877.26 Accounts as evidence. The account of the executor or administrator personal representative, settled by the proper circuit court, may be used in any action brought under the provisions of this chapter as presumptive evidence of any matter of fact stated therein in the account.

102,118 Section 118. 777.28 of the statutes is renumbered 877.28 and amended to read:

877.28 Limit of liability. When part of the plaintiff's debt has been collected, the plaintiff can may recover only the residue remaining unpaid; and when. When the action is against the devisees and legatees, the plaintiff shall may recover only such that part thereof as shall of the debt that is not be recoverable from the heirs.

102,119 Section 119. 777.29 of the statutes is renumbered 877.29 and amended to read:

877.29 Debts charged upon realty not affected. Nothing in this chapter shall affect the liability of heirs or beneficiaries for any debt of their decedent, which that was by the decedent's will expressly charged upon property or made payable exclusively out of particular property or of any beneficiary made exclusively liable for any such the debt.

102,120 Section 120. 777.32 of the statutes is renumbered 877.32 and amended to read:

877.32 Judgment, how collected. If any real estate which that descended or was devised to any defendant is not aliened by the defendant before the filing of a notice of the pendency of the an action , the court shall adjudge that the debt of owing to the plaintiff, or the portion thereof which of the debt that the plaintiff is entitled to recover against such the defendant, shall be levied only out of such the real estate so descended or devised, and not otherwise.

102,121 Section 121. 777.36 of the statutes is renumbered 877.36, and 877.36 (intro.), as renumbered, is amended to read:

877.36 Debts, order of payment. (intro.) When the The next of kin, legatees, heirs, or devisees who are liable for demands against the decedent as prescribed in under this chapter they shall be given preference in the payment of the same and shall be liable therefor for demands against the estate in the following order: