Wis. Stat. » CHAPTER 857 — POWERS AND DUTIES OF PERSONAL REPRESENTATIVES
Wisconsin Statutes

Wis. Stat. § 857.03 (2026)

Powers and duties of personal representative; in general

✓ current as of July 2026
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857.03857.03 Powers and duties of personal representative; in general.
857.03(1)(1) The personal representative shall collect, inventory and possess all the decedent’s estate; collect all income and rent from decedent’s estate; manage the estate and, when reasonable, maintain in force or purchase casualty and liability insurance; contest all claims except claims which the personal representative believes are valid; pay and discharge out of the estate all expenses of administration, taxes, charges, claims allowed by the court, or such payment on claims as directed by the court; render accurate accounts; make distribution and do any other things directed by the court or required by law.
857.03(2m)(2m) The surviving spouse and the personal representative may petition the court to approve an exchange of interests in marital property as provided in s. 766.31 (3) (b) 3.
857.03 HistoryHistory: 1975 c. 331, 421; 1987 a. 393; 2005 a. 216.
857.03 Cross-referenceCross-reference: Ch. 877 deals generally with actions by and against personal representatives.
857.03 Cross-referenceCross-reference: Section 70.22 deals with assessment of personal property taxes on property in decedent’s estates.
857.03 Cross-referenceCross-reference: Section 71.13 (2) requires the personal representative to file with the assessor of incomes such withholding tax returns (reports) for wages paid, sales tax returns and income tax returns as are due from the decedent and his estate.
857.03 AnnotationAs the holder of legal title to the assets of the estate, the personal representative has standing to bring a constitutional challenge against the statute upon which the claim of the appellant is based. Estate of Peterson, 66 Wis. 2d 535, 225 N.W.2d 644 (1975).
857.03 AnnotationThe personal representative’s failure to inform the trial court that the high bidders in a sale of the testator’s property had been occasional clients did not constitute a breach of fiduciary duty when the sale was publicly advertised, conducted under sealed bid, and authorized as to procedure by both the court and estate beneficiaries. Estate of Philbrick, 68 Wis. 2d 776, 229 N.W.2d 573 91975).
857.03 AnnotationIn the absence of a statute or a decedent’s written directions, the burden of the federal and state estate taxes attributable to probate and nonprobate assets falls on the residue of the estate. The rationale for the “residuary rule” has generally been that the decedent intended property transferred outside probate to be free of the usual burdens imposed on the probate estate. Estate of Sheppard v. Schleis, 2010 WI 32, 324 Wis. 2d 41, 782 N.W.2d 85, 09-1021.
Notes of Decisions
Cited in 16 cases (6 in the last 5 years), 1980–2025 · leading case: Old Repub. Sur. Co. v. Erlien, 527 N.W.2d 389 (Wis. Ct. App. 1994).
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Old Repub. Sur. Co. v. Erlien, 527 N.W.2d 389 (Wis. Ct. App. 1994). · cites it 4× “As her deposition testimony in 1991 confirms, Erlien was not aware of the distinction between her positions as personal representative for her husband's estate and as co-trustee of the testamentary trusts created by her husband's will. While a complete explication of all of the…”
Day v. Allstate Indem. Co., 2010 WI App 72 (Wis. Ct. App. 2010). · cites it 2× “01 , allows the personal representative of a decedent to recover against a tortfeasor where the decedent could have maintained the action had the injured party survived.”
In Matter of Est. of Pirsch, 435 N.W.2d 317 (Wis. Ct. App. 1988). · cites it 3× “Gundlach then argues that sec. 857.03, Stats., which generally enumerates the powers and duties of personal representatives, permits the personal repre *429 sentatives to use income, not principal, for estate obligations.”
Hegner v. Van Rossum Est., 344 N.W.2d 160 (Wis. 1984). “The general statutory duties of a personal representative are set forth in sec. 857.03, Stats. One duty listed is the obligation to manage the estate.”
Johnson v. Gramza (In Re Gramza), 13 B.R. 733 (Bankr. E.D. Wis. 1981). “See § 857.03 Wis.Stat. and § 862.-01 Wis.Stat.”
In Matter of Est. of Kugler, 330 N.W.2d 622 (Wis. Ct. App. 1983). “An administrator’s statutory duties include managing the estate, sec. 857.03, Stats., and he must exercise ordinary care and good faith in performing his administrative duties.”
Day v. Allstate Indem. Co., 2010 WI App 72 (Wis. Ct. App. 2010). “§§ 857.03(1), 877.06(1); Wangen v. Ford Motor Co.”
Ashley v. Andrus, 486 F. Supp. 1319 (E.D. Wis. 1980). “On April 14, 1978, plaintiff, as the personal representative of *1322 Ashley’s estate, signed a modification of the 1977 agreement between RSC and Mr. Ashley. Such an action was appropriate and within her power as a representative of the estate under Wisconsin Law.”
Sean Higgins (Bankr. E.D. Wis. 2023). · cites it 2× “Wis. Stat. § 857.03 . The real property can be transferred to the decedent’s heirs only by a personal representative appointed by the state court.”
United States v. Cockerham (E.D. Wis. 2020). · cites it 2× “” Wis. Stat. §857.03 (1) grants a personal representative the authority to “contest all claims except claims which the personal representative believes are valid.”
Ditech Holding Corp. (Bankr. S.D.N.Y. 2024). “” Wis. Stat. § 857.03 (1) Claimant identifies herself as a co-personal representative of the Estate.”
Mary Nies v. Prob. Servs., LLC (Wis. Ct. App. 2021). “§ 857.03(1). The primary duties of the personal representative “are to manage the affairs of the decedent [Lois], to ensure the decedent’s creditors are satisfied, and to distribute the residue of the estate according to the will of the decedent.”
Show all 16 citing cases →
— Wis. Stat. § 857.03(1) — 5 cases
Day v. Allstate Indem. Co., 2010 WI App 72 (Wis. Ct. App. 2010). “§§ 857.03(1), 877.06(1); Wangen v. Ford Motor Co.”
Mary Nies v. Prob. Servs., LLC (Wis. Ct. App. 2021). “§ 857.03(1). The primary duties of the personal representative “are to manage the affairs of the decedent [Lois], to ensure the decedent’s creditors are satisfied, and to distribute the residue of the estate according to the will of the decedent.”
Kimberly Winter v. James Winter (Wis. Ct. App. 2021).
Victoria Finke v. Carl Totzke (Wis. Ct. App. 2024).
Bank of Am. NA v. The Est. of Richard P. Nelson (Wis. Ct. App. 2025).
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