AB1038,68,5
1865.07
(1) (d) The decedent died intestate or testate
, and
, if testate, whether
2the original will is in the possession of the court or accompanies the application
and, 3contains an attestation clause showing compliance with the requirements of
4execution under s. 853.03 or 853.05
or includes an affidavit in substantially the form
5under s. 853.04 (1) or (2), and does not expressly prohibit informal administration;
AB1038, s. 233
6Section
233. 867.01 (3) (am) 2. of the statutes is amended to read:
AB1038,68,137
867.01
(3) (am) 2. A detailed statement of
all property
in which the decedent
8had an interest, property over which the decedent had a power of appointment,
9benefits payable on the decedent's death under annuities or under a retirement plan,
10life insurance, joint and life tenancies, gifts made in contemplation of death or taking
11effect upon death or made within 2 years prior to death and any other property that
12may be subject to death taxes as a result of the decedent's death
subject to
13administration, including any encumbrance, lien, or other charge upon each item.
AB1038, s. 234
14Section
234. 867.02 (2) (am) 3. of the statutes is amended to read:
AB1038,68,2115
867.02
(2) (am) 3. A detailed statement of
all property
in which the decedent
16had an interest, property over which the decedent had a power of appointment,
17benefits payable on decedent's death under annuities or under a retirement plan, life
18insurance, joint and life tenancies, gifts made in contemplation of death or taking
19effect upon death or made within 2 years prior to death and any other property which
20may be subject to death tax as a result of decedent's death subject to administration,
21including any encumbrance, lien, or other charge upon each item.
AB1038, s. 235
22Section
235. 867.03 (1g) (intro.) of the statutes is amended to read:
AB1038,69,923
867.03
(1g) Generally. (intro.) When a decedent leaves
solely owned property
24subject to administration in this state which does not exceed
$20,000 $50,000 in
25value, any heir of the decedent
, trustee of a revocable trust created by the decedent,
1or person who was guardian of the decedent at the time of the decedent's death may
2collect any money due the decedent, receive the property of the decedent
, and have
3any evidence of interest, obligation to
, or right of the decedent transferred to the
4affiant if the heir
, trustee, or guardian provides to the person owing the money,
5having custody of the property
, or acting as registrar or transfer agent of the
6evidences of interest, obligation to
, or right, or, if the property is an interest in or lien
7on real property, provides to the register of deeds preliminary to the recording
8required under sub. (2m), proof of prior mailed notice under sub. (1m) if applicable
9and an affidavit in duplicate showing all of the following:
AB1038, s. 236
10Section
236. 867.03 (1g) (b) of the statutes is amended to read:
AB1038,69,1211
867.03
(1g) (b) The total value of the decedent's property
subject to
12administration in this state at the date of decedent's death.
AB1038, s. 237
13Section
237. 867.03 (1m) (a) of the statutes is amended to read:
AB1038,69,2414
867.03
(1m) (a) Whenever an heir
, trustee, or person who was guardian of the
15decedent at the time of the decedent's death intends to transfer a decedent's property
16by affidavit under sub. (1g) and the decedent or the decedent's spouse ever received
17the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49,
18long-term community support services funded under s. 46.27 (7) or aid under s.
1949.68, 49.683 or 49.685, the heir
, trustee, or person who was guardian of the decedent
20at the time of the decedent's death shall give notice to the department of health and
21family services of his or her intent. The notice shall include the information in the
22affidavit under sub. (1g) and the heir
, trustee, or person who was guardian of the
23decedent at the time of the decedent's death shall give the notice by certified mail,
24return receipt requested.
AB1038, s. 238
25Section
238. 867.03 (1m) (b) of the statutes is amended to read:
AB1038,70,9
1867.03
(1m) (b) An heir
, trustee, or person who was guardian of the decedent
2at the time of the decedent's death who files an affidavit under sub. (1g) that states
3that the decedent or the decedent's spouse received the family care benefit under s.
446.286, medical assistance under subch. IV of ch. 49, long-term community support
5services funded under s. 46.27 (7)
, or aid under s. 49.68, 49.683
, or 49.685 shall attach
6to the affidavit the proof of mail delivery of the notice required under par. (a) showing
7a delivery date that is not less than 10 days before the day on which the heir
, trustee, 8or person who was guardian of the decedent at the time of the decedent's death files
9the affidavit.
AB1038, s. 239
10Section
239. 867.03 (2) of the statutes is amended to read:
AB1038,70,1511
867.03
(2) Release of liability of transferor. Upon the transfer to the heir
,
12trustee, or person who was guardian of the decedent at the time of the decedent's
13death furnishing the affidavit with an attached proof of mail delivery if required
14under sub. (1m) (b), the transferor is released to the same extent as if the transfer
15had been made to the personal representative of the estate of the decedent.
AB1038, s. 240
16Section
240. 867.03 (2g) of the statutes is created to read:
AB1038,71,217
867.03
(2g) Obligation of affiant. By accepting the decedent's property under
18this section the heir, trustee, or guardian assumes a duty to apply the property
19transferred for the payment of obligations according to priorities established under
20s. 859.25 and to distribute any balance to those persons designated in the
21appropriate governing instrument, as defined in s. 854.01, of the decedent or if there
22is no governing instrument, according to the rules of intestate succession under ch.
23852. An heir or guardian may publish a notice to creditors in the same manner and
24with the same effect as a trustee under s. 701.065. This subsection does not prohibit
1any appropriate person from requesting administration of the decedent's estate
2under s. 856.07 or ch. 865.
AB1038, s. 241
3Section
241. 867.035 (1) (a) 4. of the statutes is amended to read:
AB1038,71,64
867.035
(1) (a) 4. The value of the
solely owned property
subject to
5administration in this state left by the decedent, after payment of burial costs, does
6not exceed the amount under s. 867.03 (1g) (intro.).
AB1038, s. 242
7Section
242. 867.045 (1) (intro.) of the statutes is amended to read:
AB1038,71,188
867.045
(1) (intro.) Upon the death of any person having an interest as a joint
9tenant or life tenant in any real property or in the vendor's interest in a land contract
10or a mortgagee's interest in a mortgage,
the surviving joint tenant or remainderman 11any person interested in the property may obtain evidence of the termination of that
12interest of the decedent by providing to the register of deeds of the county in which
13such property is located a certified copy of the death certificate for the decedent and
14by providing, on applications supplied by the register of deeds for that purpose, the
15name and address of the decedent and of the surviving joint tenant or
remainderman
16and remainder beneficiary, the date of the decedent's death
, and the applicant's
17interest in the property. The
surviving joint tenant or remainderman applicant shall
18provide to the register of deeds the following information:
AB1038, s. 243
19Section
243. 867.045 (2) of the statutes is amended to read:
AB1038,71,2320
867.045
(2) The register of deeds or other person authorized under s. 706.06
21or 706.07 shall complete a statement at the foot of the application, declaring that the
22surviving joint tenant or remainderman applicant appeared before him or her and
23verified, under oath, the correctness of the information required by sub. (1).
AB1038, s. 244
24Section
244. 867.045 (4) of the statutes is amended to read:
AB1038,72,7
1867.045
(4) Upon the recording, the application shall be presumed to be
2evidence of the facts recited and shall terminate the joint tenancy or life estate, all
3with the same force and effect as if issued by the court assigned to exercise probate
4jurisdiction for the county of domicile of the decedent under s. 867.04. This
5application shall not constitute evidence of payment of any death tax which may be
6due, the payment for which shall remain an obligation of the surviving joint tenant
7or
remainderman remainder beneficiary.
AB1038, s. 245
8Section
245. 867.046 (1m) of the statutes is amended to read:
AB1038,73,29
867.046
(1m) Upon death; generally. If a domiciliary of this state dies who
10immediately prior to death had an interest in property in this state, including an
11interest in survivorship marital property
or an interest in property passing under s.
12705.20 (1), or if a person not domiciled in this state dies having an interest in property
13in this state, including an interest in survivorship marital property
or an interest in
14property passing under s. 705.20 (1), upon petition of the decedent's spouse
or upon
15petition of, a beneficiary of a marital property agreement
, or a beneficiary of a
16transfer under s. 705.20 (1) to the court of the county of domicile of the decedent or,
17if the decedent was not domiciled in this state, of any county where the property is
18situated, the court shall issue a certificate under the seal of the court. The certificate
19shall set forth the fact of the death of the decedent, the termination or transfer of the
20decedent's interest in the property, the interest of the petitioner in the property and
21any other facts essential to a determination of the rights of persons interested. The
22certificate is prima facie evidence of the facts recited, and if the certificate relates to
23an interest in real property or to a debt secured by an interest in real property, the
24petitioner shall record a certified copy or duplicate original of the certificate in the
1office of the register of deeds in each county in this state in which the real property
2is located.
AB1038, s. 246
3Section
246. 867.046 (2) (intro.) of the statutes is amended to read:
AB1038,73,144
867.046
(2) Upon death; interest in property. (intro.) As an alternative to sub.
5(1m), upon the death of any person having an interest in any real property, a vendor's
6interest in a land contract, an interest in a savings or checking account, an interest
7in a security
or, a mortgagee's interest in a mortgage,
or an interest in property
8passing under s. 705.20 (1), including an interest in survivorship marital property,
9the decedent's spouse
or, a beneficiary of a marital property agreement
, or a
10beneficiary of a transfer under s. 705.20 (1) may obtain evidence of the termination
11of that interest of the decedent and confirmation of the petitioner's interest in the
12property by providing to the register of deeds of the county in which the property is
13located the certified death certificate for the decedent and, on applications supplied
14by the register of deeds for that purpose, all of the following information:
AB1038, s. 247
15Section
247. 867.046 (2) (k) of the statutes is created to read:
AB1038,73,1716
867.046
(2) (k) In the case of a transfer under s. 705.20 (1), except as described
17in par. (i) or (j), a copy of the document described in s. 705.20 (1).
AB1038, s. 248
18Section
248. 879.09 of the statutes is amended to read:
AB1038,74,3
19879.09 Notice requirement satisfied by waiver of notice. Persons who
20are not minors or incompetent, on behalf of themselves, and appointed guardians ad
21litem and guardians of the estate on behalf of themselves and those whom they
22represent, may in writing waive the service of notice upon them and consent to the
23hearing of any matter without notice
except that guardians ad litem cannot waive
24the notice of a hearing to prove a will or for administration on behalf of those whom
25they represent. An attorney, or attorney-in-fact, for a person in the military service
1may waive notice on behalf of himself or herself but cannot waive notice on behalf
2of the person in the military service. Waiver of notice by any person is equivalent to
3timely service of notice.
AB1038, s. 249
4Section
249. 880.61 (11m) of the statutes is created to read:
AB1038,74,75
880.61
(11m) "Qualified minor's trust" means any trust, including a trust
6created by the custodian, that satisfies the requirements of section
2503 (c) of the
7Internal Revenue Code and the regulations implementing that section.
AB1038, s. 250
8Section
250. 880.675 (1m) of the statutes is created to read:
AB1038,74,119
880.675
(1m) At any time a custodian may transfer part or all of the custodial
10property to a qualified minor's trust without a court order. Such a transfer
11terminates the custodianship to the extent of the transfer.
AB1038,74,1613[
1997 Wisconsin Act 188] Section 233 (1) This act first applies to
transfers
14relating to deaths occurring on January 1, 1999, except
with respect to irrevocable 15that this act does not apply to transfers under governing instruments
executed that
16were irrevocable before that date.
AB1038,74,2518
(1) The treatment of sections 852.12, 854.12, 861.31 (1c), (1m), (2), and (4)
19(intro.) and (a), 861.33 (1) (a) (intro.), (b), and (c), (2), (3), and (4), 861.35 (1c), (1m)
20(intro.), (a), (b), and (c), (2), (3) (a), and (4) (intro.) and (a), and 863.15 of the statutes,
21the renumbering and amendment of section 854.08 (5) of the statutes, and the
22creation of sections 852.01 (1) (a) 2. b. and 854.08 (5) (a) and (d) of the statutes first
23apply to transfers related to deaths occurring on the effective date of this subsection
24but do not apply to transfers under governing instruments that were irrevocable
25before that date.
AB1038,75,5
1(2) The treatment of sections 705.06 (1) (c), 705.27, and 705.28 of the statutes,
2the renumbering and amendment of section 705.04 (2) of the statutes, and the
3creation of section 705.04 (2) (a), (d), (e), (f), and (g) of the statutes first apply to
4contracts entered into on the first day of the 4th month beginning after the effective
5date of this subsection.