Wisconsin Statutes
Wis. Stat. § 857.15 (2026)
When personal representative removed, resigns
✓ current as of July 2026
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857.15857.15 When personal representative removed, resigns. The judge may accept the written resignation of any personal representative. When a personal representative is adjudicated incompetent, disqualified, unsuitable, incapable of discharging the personal representative’s duties, or is 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 caused such appointment to be filed with the court, the court shall remove the personal representative. When any personal representative has failed to perform any duty imposed by law or by any lawful order of the court or has ceased to be a resident of the state, the court may remove the personal representative. When grounds for removal appear to exist, the court on its own motion or on the petition of any person interested shall order the personal representative to appear and show cause why the personal representative should not be removed.
857.15 AnnotationA personal representative’s erroneous assessments of law, reached in good faith, do not establish any basis for removal. DiBenedetto v. Jaskolski, 2003 WI App 70, 261 Wis. 2d 723, 661 N.W.2d 869, 01-2189.
Notes of Decisions
Cited in 5
cases, 2002–2020 · leading case: DiBenedetto v. Jaskolski, 2003 WI App 70 (Wis. Ct. App. 2003).
DiBenedetto v. Jaskolski, 2003 WI App 70 (Wis. Ct. App. 2003). “And finally, the court, commenting that the personal representative *738 had not "waver[ed] from her duty to protect the estate from invalid claims," and had "discharged her responsibilities diligently," concluded that, under Wis. Stat. § 857.15 , 7 the evidence established no…”
Bell v. Neugart, 2002 WI App 180 (Wis. Ct. App. 2002). “§ 857.15 provides: When personal representative removed, resigns.”
Richard A. Lauer v. Dennis Lauer (Wis. Ct. App. 2020). “§ 857.15 (2017-18)3; (2) the failure to “follow the mandates” of § 857.”
Klauser v. Schmitz, 2003 WI App 157 (Wis. Ct. App. 2003). “23 , to "remov[al]" of a personal representative under Wis. Stat. § 857.15 . They agree, however, that the dispositive issue in this appeal is whether Klauser was "unsuitable for good cause shown," under § 856.”
Faith A. Lowell v. Patricia Hammarback (Wis. Ct. App. 2019). “§ 857.15, which provides: The judge may accept the written resignation of any personal representative.”
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