Wisconsin Statutes

Wis. Stat. § 701.0604 (2026)

Limitation on action contesting validity of revocable trust; distribution of trust property

✓ current as of July 2026

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701.0604701.0604 Limitation on action contesting validity of revocable trust; distribution of trust property.

701.0604(1)(1) A person must commence a judicial proceeding to contest the validity of a trust that was revocable immediately before the settlor’s death within the earlier of the following:

701.0604(1)(a)(a) One year after the settlor’s death.

701.0604(1)(b)(b) Four months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust’s existence, of the trustee’s name and address, and of the time allowed for commencing a proceeding. Except as provided in s. 701.0813 (2), a trustee is not liable to any person for not providing the information described in this paragraph.

701.0604(2)(2) Upon the death of the settlor of a trust that was revocable immediately before the settlor’s death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless one of the following applies:

701.0604(2)(a)(a) The trustee knows of a pending judicial proceeding contesting the validity of the trust.

701.0604(2)(b)(b) A potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.

701.0604(3)(3) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.

701.0604 HistoryHistory: 2013 a. 92.

Notes of Decisions

Cited in 1 case, 2019–2019 · leading case: J. Steven Tikalsky v. Susan Friedman, 928 N.W.2d 502 (Wis. 2019).

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J. Steven Tikalsky v. Susan Friedman, 928 N.W.2d 502 (Wis. 2019). · cites it 4× “"8 ¶66 Steven prayed for relief that included a declaration that all estate planning documents executed in 2009 are invalid; that assets of his parents' estate be returned, except for payment of debt, taxes and administrative expenses; that trust property be returned pursuant to…”

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