Wisconsin Statutes
Wis. Stat. § 856.23 (2026)
Persons who are disqualified
✓ laws through the 2025-26 session (checked Sept. 2026)
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
856.23(1)(1) A person including the person named in the will to act as personal representative is not entitled to receive letters if the person is any of the following:
856.23(1)(d)(d) A nonresident of this state who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate and filed the appointment with the court.
856.23(2)(2) Nonresidency may be a sufficient cause for nonappointment or removal of a person in the court’s discretion.
856.23 AnnotationA nominee may not be found “unsuitable” except upon grounds pertaining to capacity or competence to administer the estate. State ex rel. First National Bank & Trust v. Skow, 91 Wis. 2d 773, 284 N.W.2d 74 (1979).
856.23 AnnotationUnder this section and former s. 856.29, 1989 stats., if a trust document allows the beneficiaries to select a successor trustee but does not specifically allow appointment without court approval, the instrument should be read to permit nomination of a trustee subject to court approval. First Wisconsin National Bank of Oshkosh v. Circuit Court, 167 Wis. 2d 196, 482 N.W.2d 118 (Ct. App. 1992).
856.23 AnnotationA finding of unsuitability is not limited solely to concerns of incapacity or incompetency. Given the myriad circumstances in which conflicts of interests may arise a conflicting personal interest may prevent an executor or administrator from doing his or her duty and render him or unsuitable. But disputes over what assets are included in the estate do not render a person unsuitable. Section 859.09 provides the framework for addressing such disagreements. Klauser v. Schmitz, 2003 WI App 157, 265 Wis. 2d 860, 667 N.W.2d 862, 02-3260.
856.23 AnnotationA resident agent appointed under this section is not an indispensable party in an action involving the estate. Bugbee v. Donahue, 483 F. Supp. 1328 (1980).
Notes of Decisions
Cited in 6
cases, 1979–2003 · leading case: State ex rel. First Nat'l Bank & Trust Co. of Racine v. Skow, 284 N.W.2d 74 (Wis. 1979).
State ex rel. First Nat'l Bank & Trust Co. of Racine v. Skow, 284 N.W.2d 74 (Wis. 1979). “, supported by good cause? This appeal involves an interpretation of subsection (5) of sec. 856.23, Stats. 2 The issue is whether that phrase confers on the probate court discretion to consider matters unrelated to the competency or capacity of a person in determining whether…”
Bugbee v. Donahue, 483 F. Supp. 1328 (E.D. Wis. 1980). “Section 856.23, Wis. Stats., provides in part: “A person including the executor named in the will is not entitled to receive letters if: * * * (4) a nonresident of this state who has not appointed a resident agent to accept service of process in all actions or proceedings with…”
Klauser v. Schmitz, 2003 WI App 157, 667 N.W.2d 862. “Klauser argues that the court erred in concluding that, under Wis. Stat. § 856.23 (l)(e) (2001-02) 1 , she was "unsuitable" to act as personal representative due to her possible conflict of interest with the estate regarding assets she and her mother held jointly.”
First Wisconsin Nat'l Bank of Oshkosh v. Circuit Court for Fond du Lac Cnty., 482 N.W.2d 118 (Wis. Ct. App. 1992). “Section 856.23, Stats., provides that a person is not entitled to receive letters if the court deems the person "unsuitable for good cause shown.”
Est. of Clack v. Comm'r, 106 T.C. 131 (T.C. 1996). “The estate income ↩ tax return was filed with the office of the collector for the district where the fiduciary resided; the estate tax return was filed in the office of the collector for the district where the decedent resided at the time of his death.”
Matter of Smith Fam. Trust, 482 N.W.2d 118 (Wis. Ct. App. 1992). “Section 856.23, Stats., provides that a person is not entitled to receive letters if the court deems the person "unsuitable for good cause shown.”
Wis. Stat. § 856.23(5): 1 case
State ex rel. First Nat'l Bank & Trust Co. of Racine v. Skow, 284 N.W.2d 74 (Wis. 1979). “, supported by good cause? This appeal involves an interpretation of subsection (5) of sec. 856.23, Stats. 2 The issue is whether that phrase confers on the probate court discretion to consider matters unrelated to the competency or capacity of a person in determining whether…”
Wis. Stat. § 856.23(l)(e): 1 case
Klauser v. Schmitz, 2003 WI App 157, 667 N.W.2d 862. “Klauser argues that the court erred in concluding that, under Wis. Stat. § 856.23 (l)(e) (2001-02) 1 , she was "unsuitable" to act as personal representative due to her possible conflict of interest with the estate regarding assets she and her mother held jointly.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.