Wisconsin Statutes
Wis. Stat. § 859.01 (2026)
Time for filing claims
✓ current as of July 2026
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859.01859.01 Time for filing claims. When an application for administration is filed, the court, or the probate registrar under informal administration proceedings, shall by order set a date as the deadline for filing a claim against the decedent’s estate. The date shall be not less than 3 nor more than 4 months from the date of the order. If a claim is not filed by the deadline, the consequences provided in s. 859.02 apply.
859.01 AnnotationThe statute of limitations concerning claims filed against an estate in probate may not be waived. Estate of Palmer, 68 Wis. 2d 101, 227 N.W.2d 680 (1975).
Notes of Decisions
Cited in 13
cases (2 in the last 5 years), 1978–2025 · leading case: William B. Tanner Co. v. Est. of Fessler, 302 N.W.2d 414 (Wis. 1981).
William B. Tanner Co. v. Est. of Fessler, 302 N.W.2d 414 (Wis. 1981). “Fessler, objected to the allowance of Tanner’s demand as an untimely claim barred by the operation of sec. 859.01, Stats. A hearing was held on the claim on February 28, 1979.”
Landwehr v. Citizens Trust Co., 329 N.W.2d 411 (Wis. 1983). “The action was brought after the time for filing claims against the estate, under sec. 859.01, Stats., 2 had expired. However, sec.”
Suburban Motors of Grafton, Inc. v. Forester, 396 N.W.2d 351 (Wis. Ct. App. 1986). “Section 859.01(1) and (3), Stats., provides that such tort claims are not barred by the statutory time limits for filing claims in an estate proceeding.”
Miller v. Comm'r, 76 T.C. 191 (Tax Ct. 1981). “1973, the estate filed a Federal estate tax return on which it reported the indebtedness to the corporations by claiming a $ 33,000 deduction.”
In Matter of Est. of Barthel, 468 N.W.2d 689 (Wis. 1991). “[8] In light of the reasoning behind the Pope decision and its subsequent application to this case, we now conclude that sec. 859.01, Stats. 1987-88, does not represent a self-executing statute of limitations, but involve sufficient state action to invoke the due process clause.”
In Re Est. of Taylor, 260 N.W.2d 803 (Wis. 1978). “(b) Onderdonk’s failure to submit a notice of claim in compliance with sec. 859.01, Stats. The respondents claim that the lease and bill of sale are claims against the estate that are barred for failure to comply with the notice of claim provisions of the probate statutes.”
In Matter of Est. of Lecic, 312 N.W.2d 773 (Wis. 1981). “Debts incurred by the estate after death are not limited by sec. 859.01, Stats. 1977. 4 The trial court issued this decision irom the bench: “Time for filing claims expired August 4, 1978.”
DeHaven v. Dan-Co Coop., 383 N.W.2d 509 (Wis. Ct. App. 1986). “The appellants contend that the total amount of the department's claim should be disallowed because of the department's failure to file a claim in the Estate of Deborah Anne Mickelson as provided by sec. 859.01, Stats., or in the alternative that its recovery should be reduced…”
Sears, Roebuck & Co. v. Plath, 468 N.W.2d 689 (Wis. 1991). “In light of the reasoning behind the Pope decision and its subsequent application to this case, we now conclude that sec. 859.01, Stats. 1987-88, does not represent a self-executing statute of limitations, but involve sufficient state action to invoke the due process clause.”
Patricia Lowell Hammarback v. Est. of Belmar Gunderson (Wis. Ct. App. 2025). “In turn, § 859.01 provides that, “[w]hen an application for administration is filed, the court, or the probate registrar under informal administration proceedings, shall by order set a date as the deadline for filing a claim against the decedent’s estate.”
Kenneth C. Grissman v. Est. of John H. Boettcher (Wis. Ct. App. 2025). “§ 859.01. According to the Estate, “[t]he clear intent of the probate statutes is, that unless excepted by § 859.”
Union Pac. R.R. v. Est. of Madden, 736 P.2d 940 (Kan. 1987). “It is therefore crucial to this review to determine whether or not [the creditor’s] claim has been extinguished by adjudication or by some other means.”
— Wis. Stat. § 859.01(1) — 5 cases
Suburban Motors of Grafton, Inc. v. Forester, 396 N.W.2d 351 (Wis. Ct. App. 1986). “Section 859.01(1) and (3), Stats., provides that such tort claims are not barred by the statutory time limits for filing claims in an estate proceeding.”
Landwehr v. Citizens Trust Co., 329 N.W.2d 411 (Wis. 1983). “The action was brought after the time for filing claims against the estate, under sec. 859.01, Stats., 2 had expired. However, sec.”
In Matter of Est. of Barthel, 468 N.W.2d 689 (Wis. 1991). “[8] In light of the reasoning behind the Pope decision and its subsequent application to this case, we now conclude that sec. 859.01, Stats. 1987-88, does not represent a self-executing statute of limitations, but involve sufficient state action to invoke the due process clause.”
DeHaven v. Dan-Co Coop., 383 N.W.2d 509 (Wis. Ct. App. 1986). “The appellants contend that the total amount of the department's claim should be disallowed because of the department's failure to file a claim in the Estate of Deborah Anne Mickelson as provided by sec. 859.01, Stats., or in the alternative that its recovery should be reduced…”
Sears, Roebuck & Co. v. Plath, 468 N.W.2d 689 (Wis. 1991). “In light of the reasoning behind the Pope decision and its subsequent application to this case, we now conclude that sec. 859.01, Stats. 1987-88, does not represent a self-executing statute of limitations, but involve sufficient state action to invoke the due process clause.”
— Wis. Stat. § 859.01(3) — 1 case
Landwehr v. Citizens Trust Co., 329 N.W.2d 411 (Wis. 1983). “The action was brought after the time for filing claims against the estate, under sec. 859.01, Stats., 2 had expired. However, sec.”
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