CHAPTER 851
PROBATE — DEFINITIONS AND GENERAL PROVISIONS
851.001 Effective date.
851.002 Definitions.
851.01 Administration.
851.03 Beneficiary.
851.04 Court.
851.05 Decedent.
851.055 Deferred marital property.
851.06 Determination date.
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.
851.35 Classification; how determined.
851.40 Basis for attorney fees.
851.51 Status of adopted persons for purposes of inheritance, wills and class gifts.
851.55 Uniform simultaneous death act.
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.
Ch. 851 Note NOTE: Chapter 339, laws of 1969, which recodified Wisconsin probate law, contains extensive notes explaining the revisions. Also see Wisconsin Annotations 1970 for a conversion table and notes.
851.001 851.001 Effective date. Chapter 851 (except s. 851.51), chs. 856, 857, 858, 859, 860, 862 and 863 (except s. 863.13), ch. 867 (except s. 867.02) and chs. 868, 878 and 879 are effective as of April 1, 1971. Chapters 852 and 861 and s. 863.13 are effective as to any person dying on or after April 1, 1971. Chapter 853 is effective as to the will of any testator dying on or after April 1, 1971, except that it is inapplicable to a will executed prior to the publication of the chapter if it is proved the testator lacked testamentary capacity at the time of the enactment, unless the testator subsequently regained capacity to make a valid will and had the capacity for a period of 6 months; a will so excepted is governed by the statutes applicable at the time the testator executed the will.
851.001 History History: 1979 c. 89; 1981 c. 390.
851.002 851.002 Definitions. The definitions in ss. 851.01 to 851.29 apply to chs. 851 to 882.
851.002 History History: 1979 c. 89.
851.002 Annotation Professional responsibility and probate practices. Martin, 1975 WLR 911.
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.
851.04 851.04 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 property acquired while spouses are married and while ch. 766 does not apply, which would have been marital property under ch. 766 if it were acquired when ch. 766 applied.
851.055 History History: 1985 a. 37; 1987 a. 393.
851.06 851.06 Determination date. "Determination date" has the meaning given under s. 766.01 (5).
851.06 History History: 1985 a. 37.
851.07 851.07 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. 45.37 (10) and (11) when the decedent was a member of the Wisconsin veterans home at the time of the decedent's death.
851.09 History History: 1973 c. 333 s. 201m; 1993 a. 486.
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. 851.51 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.
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.
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?