Wisconsin Statutes

Wis. Stat. § 859.07 (2026)

Notice; publication

✓ current as of July 2026

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859.07859.07 Notice; publication.

859.07(1)(1) Notice of the deadline for filing a claim under s. 859.01 shall be given by publication, under s. 879.05 (4), and may be given with the notice for granting letters. The first insertion shall be made within 15 days of the date of the order under s. 859.01.

859.07(2)(2)

859.07(2)(a)(a) The personal representative shall provide notice of the date set under s. 859.01 to the department of health services, the department of children and families, or the department of corrections, as applicable, and to the county clerk of the decedent’s county of residence, as defined in s. 49.001 (6) if, at any time prior to or at the time of the decedent’s death, any of the following applied:

859.07(2)(a)1.1. The decedent was a patient or inmate of any state or county hospital or institution.

859.07(2)(a)2.2. The decedent was responsible for any obligation owing to the state or a county under s. 46.03 (18), 46.10, 48.36, 49.32 (1), 49.345, 301.03 (18), 301.12, or 938.36.

859.07(2)(a)3.3. The decedent or the decedent’s spouse received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), 2017 stats., or aid under s. 49.68, 49.683, 49.685, or 49.785.

859.07(2)(b)(b) The notice under par. (a) shall comply with all of the following:

859.07(2)(b)1.1. The notice shall be in writing on forms provided by the applicable department or county clerk.

859.07(2)(b)2.2. The notice shall be sent by registered or certified mail not less than 30 days before the date set under s. 859.01.

859.07(3)(3) The personal representative may at any time give notice to any potential claimant of the deadline for filing a claim against the estate under s. 859.01 or 859.48 and of the court in which the estate proceeding is pending.

859.07 HistoryHistory: 1977 c. 73; 1985 a. 29; 1989 a. 31, 96, 359; 1991 a. 39; 1995 a. 27 ss. 7191b to 7191c, 9126 (19); 1995 a. 77; 1997 a. 237; 1999 a. 9; 2001 a. 107; 2007 a. 20 ss. 3768 to 3769, 9121 (6) (a); 2013 a. 20; 2015 a. 55; 2019 a. 9.

859.07 AnnotationNotice to creditors by publication does not violate the due process clause. In Matter of Estate of Fessler, 100 Wis. 2d 437, 302 N.W.2d 414 (1981).

Notes of Decisions

Cited in 7 cases, 1981–1991 · leading case: William B. Tanner Co. v. Est. of Fessler, 302 N.W.2d 414 (Wis. 1981).

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William B. Tanner Co. v. Est. of Fessler, 302 N.W.2d 414 (Wis. 1981). · cites it 2× “Although Tanner’s argument challenged the constitutionality of the notice provisions of sec. 859.07, Stats., *441 no notice was served upon the attorney general to afford the state an opportunity to be heard at the probate proceedings.”

In Matter of Est. of Lecic, 312 N.W.2d 773 (Wis. 1981). · cites it 2× “The parties concede that the only duty the law imposes on the estate to advise the creditors of the statutory procedure for filing claims is to publish notice pursuant to sec. 859.07, Stats. 1977, 10 which was done in the instant case.”

In Matter of Est. of Barthel, 468 N.W.2d 689 (Wis. 1991). · cites it 2× “[2] Section 859.07, Stats. 1987-88, provides, in part: Notice; publication.”

In Matter of Est. of Omernik, 332 N.W.2d 307 (Wis. 1983). · cites it 2× “” 3 Section 859.07, Stats., provides as follows: “859.”

W.W.W. v. M.C.S., 468 N.W.2d 719 (Wis. 1991). “In Fessler, we addressed the constitutionality of sec. 859.07, Stats. 1977, which dealt with notice by publication to probate creditors.”

Sears, Roebuck & Co. v. Plath, 468 N.W.2d 689 (Wis. 1991). · cites it 2× “Section 859.07, Stats. 1987-88, provides, in part: Notice; publication.”

In Re Paternity of CAS, 468 N.W.2d 719 (Wis. 1991). “We held that although the attorney general was not notified of the constitutional challenge before the probate court, this defect was cured because the attorney general was notified while the case was pending before the court of appeals.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.