CHAPTER 851
PROBATE — DEFINITIONS AND GENERAL PROVISIONS
SUBCHAPTER I
DEFINITIONS
851.002 Definitions.
851.01 Administration.
851.03 Beneficiary.
851.035 Conscious presence.
851.04 Court.
851.05 Decedent.
851.055 Deferred marital property.
851.06 Determination date.
851.065 Devise.
851.07 Distributee.
851.09 Heir.
851.11 Intestate succession.
851.13 Issue.
851.15 Mortgage.
851.17 Net estate.
851.19 Person.
851.21 Person interested.
851.23 Personal representative.
851.27 Property.
851.29 Sale.
851.30 Surviving spouse.
851.31 Will.
SUBCHAPTER II
GENERAL PROBATE PROVISIONS
851.40 Basis for attorney fees.
851.50 Status of adopted persons.
851.55 Simultaneous death.
851.70 Presumption in favor of orders.
851.71 Appointment and compensation of registers in probate.
851.72 Duties of registers in probate.
851.73 Powers of registers in probate.
851.74 Fees in probate matters.
851.75 Register in probate may be appointed deputy clerk.
subch. I of ch. 851 SUBCHAPTER I
DEFINITIONS
851.002 851.002 Definitions. The definitions in ss. 851.01 to 851.31 apply to chs. 851 to 882.
851.002 History History: 1979 c. 89; 1997 a. 188.
851.002 Annotation Wisconsin's New Probate Code. Erlanger. Wis. Law. Oct. 1998.
851.01 851.01 Administration. "Administration" means any proceeding relating to a decedent's estate whether testate or intestate.
851.03 851.03 Beneficiary. "Beneficiary" means any person nominated in a will to receive an interest in property other than in a fiduciary capacity.
851.035 851.035 Conscious presence. "Conscious presence" means within the range of any of a person's senses.
851.035 History History: 1997 a. 188.
851.04 851.04 Court. "Court" means the circuit court or judge assigned to exercise probate jurisdiction.
851.04 History History: 1977 c. 449.
851.05 851.05 Decedent. "Decedent" means the deceased person whose estate is subject to administration.
851.055 851.055 Deferred marital property. "Deferred marital property" means any property that satisfies all of the following:
851.055(1) (1) Is not classified by ch. 766.
851.055(1m) (1m) Is not classified as individual property or marital property under a valid marital property agreement, unless the marital property agreement provides otherwise.
851.055(2) (2) Was acquired while the spouses were married.
851.055(3) (3) Would have been classified as marital property under ch. 766 if the property had been acquired when ch. 766 applied.
851.055 History History: 1985 a. 37; 1987 a. 393; 1997 a. 188; 2005 a. 216.
851.06 851.06 Determination date. "Determination date" has the meaning given under s. 766.01 (5).
851.06 History History: 1985 a. 37.
851.065 851.065 Devise. "Devise", when used as a noun, means a testamentary disposition of any real or personal property by will. "Devise", when used as a verb, means to dispose of any real or personal property by will.
851.065 History History: 1997 a. 188.
851.07 851.07 Distributee. "Distributee" means any person to whom property of a decedent is distributed other than in payment of a claim, or who is entitled to property of a decedent under the decedent's will or under the statutes of intestate succession.
851.07 History History: 1993 a. 486.
851.09 851.09 Heir. "Heir" means any person, including the surviving spouse, who is entitled under the statutes of intestate succession to an interest in property of a decedent. The state is an heir of the decedent and a person interested under s. 45.51 (10) and (11) when the decedent was a member of a Wisconsin veterans home operated by the department of veterans affairs under s. 45.50 at the time of the decedent's death.
851.09 History History: 1973 c. 333 s. 201m; 1993 a. 486; 1999 a. 63; 2005 a. 22.
851.11 851.11 Intestate succession. "Intestate succession" means succession to title to property of a decedent by reason of ch. 852, without regard to whether the property descends or is distributed.
851.13 851.13 Issue. "Issue" means children, grandchildren, great-grandchildren, and lineal descendants of more remote degrees, including those who occupy that relation by reason of adoption under s. 854.20 and nonmarital children and their lineal descendants to the extent provided by s. 852.05.
851.13 History History: 1981 c. 391; 1983 a. 447; 1997 a. 188.
851.15 851.15 Mortgage. "Mortgage" means any agreement or arrangement in which property is used as security.
851.17 851.17 Net estate. "Net estate" means all property subject to administration less the property selected by the surviving spouse under s. 861.33, the allowances made by the court under ss. 861.31, 861.35 and 861.41 except as those allowances are charged by the court against the intestate share of the recipient, administration, funeral and burial expenses, the amount of claims paid and federal and state estate taxes payable out of such property.
851.17 History History: 1987 a. 27.
851.19 851.19 Person. "Person" includes natural persons, corporations and other organizations.
851.21 851.21 Person interested.
851.21(1)(1)Who are "persons interested". The following are "persons interested":
851.21(1)(a) (a) An heir of the decedent.
851.21(1)(b) (b) Except as provided in s. 853.32 (2) (e), a beneficiary named in any document offered for probate as the will of the decedent and includes a person named or acting as a trustee of any trust, inter vivos or testamentary, named as a beneficiary.
851.21(1)(c) (c) A beneficiary of a trust created under any document offered for probate as the will of the decedent.
851.21(1)(d) (d) A person named as personal representative in any document offered for probate as the will of the decedent.
851.21(1)(e) (e) Additional persons as the court by order includes as "interested persons".
851.21(2) (2)Who cease to be "persons interested". The following cease to be "persons interested":
851.21(2)(a) (a) An heir of the decedent who is not a beneficiary under the will of the decedent, upon admission of the will to probate under ch. 856 or entry of a statement of informal administration under ch. 865.
851.21(2)(b) (b) A beneficiary named in documents offered for probate as the will of the decedent who is not an heir of the decedent, upon denial of probate to such documents.
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