Wisconsin Statutes
Wis. Stat. § 856.07 (2026)
Who may petition for administration
✓ current as of July 2026
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856.07(1)(1) Generally. Petition for administration of the estate of a decedent may be made by any person named in the will to act as personal representative or by any person interested.
856.07(2)(2) After 30 days. If none of those named in sub. (1) has petitioned within 30 days after the death of the decedent, petition for administration may be made by any person who was guardian of the decedent at the time of the decedent’s death, any creditor of the decedent, anyone who has a cause of action or who has a right of appeal which cannot be maintained without the appointment of a personal representative or anyone who has an interest in property which is or may be a part of the estate.
856.07 Cross-referenceCross-reference: See s. 879.57 providing for a petition by any interested person for a special administrator when there appears to be no person in the state to petition for administration.
Notes of Decisions
Cited in 7
cases (3 in the last 5 years), 1990–2024 · leading case: Kurt Van Engel Comm'n Co., Inc. v. Zingale, 2005 WI App 82 (Wis. Ct. App. 2005).
Kurt Van Engel Comm'n Co., Inc. v. Zingale, 2005 WI App 82 (Wis. Ct. App. 2005). “§ 856.07. [9] Thus, no logical reason suggests itself for a different interpretation of the second sentence of the statute than has been long applied to the first sentence.”
In Matter of Est. of Katze-Miller, 463 N.W.2d 853 (Wis. Ct. App. 1990). “[12] Section 856.07(1), Stats. [13] Section 863.”
Kimberly Winter v. James Winter (Wis. Ct. App. 2021). “§ 856.07 (2019-20),3 requesting that she be appointed as personal representative of the Estate.”
Gertsch v. Int'l Equity Rsch., 463 N.W.2d 853 (Wis. Ct. App. 1990). “Section 856.07(1), Stats. Section 863.27, Stats.”
William Wisth v. James P. Mulligan (Wis. Ct. App. 2020). “§ 856.07 (2017-18),3 which also presents a question of law that we review de novo.”
Ditech Holding Corp. (Bankr. S.D.N.Y. 2024). “See Wis. Stat. §§ 856.07 (2), 867.09;28 see also Wisth v.”
Sean Higgins (Bankr. E.D. Wis. 2023). “Stat §§ 856.07, 856.21. When letters are issued to the personal representative, the personal representative must take possession of the whole of the decedent’s estate, including the real property.”
— Wis. Stat. § 856.07(1) — 4 cases
Kurt Van Engel Comm'n Co., Inc. v. Zingale, 2005 WI App 82 (Wis. Ct. App. 2005). “§ 856.07. [9] Thus, no logical reason suggests itself for a different interpretation of the second sentence of the statute than has been long applied to the first sentence.”
In Matter of Est. of Katze-Miller, 463 N.W.2d 853 (Wis. Ct. App. 1990). “[12] Section 856.07(1), Stats. [13] Section 863.”
Gertsch v. Int'l Equity Rsch., 463 N.W.2d 853 (Wis. Ct. App. 1990). “Section 856.07(1), Stats. Section 863.27, Stats.”
Kimberly Winter v. James Winter (Wis. Ct. App. 2021). “§ 856.07 (2019-20),3 requesting that she be appointed as personal representative of the Estate.”
— Wis. Stat. § 856.07(2) — 2 cases
Kurt Van Engel Comm'n Co., Inc. v. Zingale, 2005 WI App 82 (Wis. Ct. App. 2005). “§ 856.07. [9] Thus, no logical reason suggests itself for a different interpretation of the second sentence of the statute than has been long applied to the first sentence.”
William Wisth v. James P. Mulligan (Wis. Ct. App. 2020). “§ 856.07 (2017-18),3 which also presents a question of law that we review de novo.”
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