Wisconsin Statutes

Wis. Stat. § 851.73 (2026)

Powers of registers in probate

✓ current as of July 2026

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851.73851.73 Powers of registers in probate.

851.73(1)(1) The register in probate:

851.73(1)(a)(a) May make orders for hearings when the judge is away from the county seat or unable to discharge duties or when given authority in writing by the judge and an application is made to the court in a proceeding under chs. 54 and 851 to 879 requiring notice of hearing. The order and notice when signed “by the court, ...., register in probate” has the same effect as if signed by the judge.

851.73(1)(b)(b) Has the same powers as clerks of court to certify copies of papers, records and judicial proceedings. Copies certified by registers in probate are receivable in evidence as if certified by clerks of court.

851.73(1)(c)(c) Has the power to administer any oath required by law.

851.73(1)(d)(d) Has, when appointed for this purpose, the powers of deputy clerks as provided in s. 59.40 (1).

851.73(1)(e)(e) Has, when appointed for this purpose, the powers and duties of court reporters and assistant reporters specified in SCR 71.01.

851.73(1)(f)(f) May refuse to accept any paper for filing or recording until the fee prescribed by s. 814.66 or other applicable statute is paid.

851.73(1)(g)(g) Shall have the duties and powers of a circuit court commissioner assigned to assist in probate matters and shall act in that capacity when designated to do so by a judge assigned probate jurisdiction.

851.73(2)(2) Subsection (1) applies to duly authorized deputy registers in probate.

851.73 HistoryHistory: 1977 c. 449; Sup. Ct. Order, eff. 1-1-80; 1983 a. 347; 1995 a. 201; 2001 a. 61 s. 117; 2005 a. 387.

Notes of Decisions

Cited in 1 case, 2002–2002 · leading case: State Ex Rel. Reise v. Morlen, 2002 WI App 83 (Wis. Ct. App. 2002).

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State Ex Rel. Reise v. Morlen, 2002 WI App 83 (Wis. Ct. App. 2002). · cites it 5× “§ 851.71 (1). The Register's duties and powers are part clerical (file and keep papers, Wis.”

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