Wisconsin Statutes
Wis. Stat. § 857.31 (2026)
Immunity of personal representative
✓ current as of July 2026
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857.31857.31 Immunity of personal representative. A personal representative incurs no liability to any person as a result of any of the following:
857.31(1)(1) Giving notice to any potential claimant against the estate that proceedings to administer the estate are pending, the court in which the proceedings are pending and the deadline for filing a claim against the estate under s. 859.01 or 859.48.
857.31(2)(2) Not giving notice to any potential claimant against the estate that proceedings to administer the estate are pending, the court in which the proceedings are pending or the deadline for filing claims against the estate under s. 859.01 or 859.48, even if the personal representative knew, or in the exercise of reasonable diligence should have known, of the existence of the potential claim.
857.31(3)(3) Not informing distributees of their potential liability for claims not barred because of the operation of s. 859.02 (2) (b).
Notes of Decisions
Cited in 2
cases, 1991–1991 · leading case: In Matter of Est. of Barthel, 468 N.W.2d 689 (Wis. 1991).
In Matter of Est. of Barthel, 468 N.W.2d 689 (Wis. 1991). “[11] Subsequent to the Pope decision, the legislature enacted sec. 857.31, Stats., which provides that the personal representative of an estate is immune from liability for not giving notice to a known claimant or to a claimant who should have been known through the exercise of…”
Sears, Roebuck & Co. v. Plath, 468 N.W.2d 689 (Wis. 1991). “Subsequent to the Pope decision, the legislature enacted sec. 857.31, Stats., which provides that the personal representative of an estate is immune from liability for not giving notice to a known claimant or to a claimant who should have been known through the exercise of…”
— Wis. Stat. § 857.31(2) — 2 cases
In Matter of Est. of Barthel, 468 N.W.2d 689 (Wis. 1991). “[11] Subsequent to the Pope decision, the legislature enacted sec. 857.31, Stats., which provides that the personal representative of an estate is immune from liability for not giving notice to a known claimant or to a claimant who should have been known through the exercise of…”
Sears, Roebuck & Co. v. Plath, 468 N.W.2d 689 (Wis. 1991). “Subsequent to the Pope decision, the legislature enacted sec. 857.31, Stats., which provides that the personal representative of an estate is immune from liability for not giving notice to a known claimant or to a claimant who should have been known through the exercise of…”
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