Wis. Stat. § 857.01
Ownership in personal representative; management and control
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857.01857.01 Ownership in personal representative; management and control. Upon his or her letters being issued by the court, the personal representative succeeds to the interest of the decedent in all property of the decedent. The personal representative or surviving spouse may petition the court for an order determining the classification of property under ch. 766, and for other equitable relief necessary for management and control of the marital property during the administration of the estate. The court may make any decree under ch. 766, including a decree that the property be titled in accordance with its classification, to assist the personal representative or surviving spouse in managing and controlling the marital property and the decedent’s property other than marital property during administration of the estate. During administration, the management and control rules under s. 766.51 apply to the property of a decedent spouse which is subject to administration and to the property of the surviving spouse. With regard to property subject to the election of the surviving spouse under s. 861.02, the personal representative may manage and control the property while the property is subject to administration. The personal representative shall determine when, during administration, property shall be distributed to satisfy an election under s. 861.02.
857.01 AnnotationA personal representative succeeds to the title of the decedent both as to real estate and personal property. In Matter of Estate of Omernik, 112 Wis. 2d 285, 332 N.W.2d 307 (1983).
Notes of Decisions
Cited in 15
cases (5 in the last 5 years), 1973–2026 · leading case: Shovers v. Shovers
Shovers v. Shovers (2006)
“" [4] Wis. Stat. § 857.01 . Heirs and legatees obtain no legal title to the property, but are beneficially interested in the estate and possess an equitable title subject to administration and payment of debts.”
State v. Doss (2008)
“Doss offers an alternative basis for concluding that the real controversy was not fully tried; she argues that the court improperly failed to instruct the jury to determine who the owner of the funds was at the time of the alleged theft, suggesting that Doss herself *617 was the…”
Gustafson v. Zumbrunnen (2008)
“All the defendants, but none of the grandchildren, are citizens of Wisconsin, as George Skille had been.”
In Matter of Estate of Omernik (1983)
“Section 857.01, Stats., provides : “857.01 Title in personal representative- Upon his letters being issued by the court, the personal representative has title to all property of the decedent.”
In Matter of Estate of Katze-Miller (1990)
“Section 857.01, Stats. Although a personal representative may, pursuant to sec.”
Milwaukee County v. Walther (1975)
“It is not the heirs of the welfare recipient who seek to defeat the county’s claim, it is the personal representative of the estate.”
Area Board of Vocational, Technical & Adult Education, District No. 2 v. Saltz (1973)
“As the circuit court correctly concluded, prior to the adoption of sec. 857.01, Stats., by ch. 339, Laws of 1969, a personal representative took no interest in realty other than the mere right of possession upon the death of the intestate, but rather the land descends…”
Gertsch v. International Equity Research (1990)
“Section 857.01, Stats. Although a personal representative may, pursuant to sec.”
Sean Higgins (2023)
“” Wis. Stat. § 857.01 (emphasis added). Title to real property no longer passes automatically to the decedent’s heirs.”
In re: Bernard Charles Seidling (2026)
“See Wis. Stat. § 857.01 (“Upon his or her letters being issued by the court, the personal representative succeeds to the interest of the decedent in all property of the decedent.”
Java Berry (2023)
“invoking parts of Wisconsin’s personal representative and probate statutes, Wis. Stat. §§857.01 and 860.01, asks the court to ignore the precedent on which Martin relies, contending that those authorities have been overtaken by statute.”
Ditech Holding Corporation (2024)
“Wis. Stat. § 857.01 ; see also In re Higgins, No.”
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