Wisconsin Statutes
Wis. Stat. § 859.33 (2026)
Contest of claims; procedure
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
859.33(1)(1) How contest initiated. The following persons may contest a claim or assert an offset or counterclaim in court: the personal representative, a guardian ad litem or a person interested who has the approval of the court. They may do so only by mailing a copy of the objection, offset or counterclaim to the claimant or personally serving the same upon the claimant and filing the same with the court. The objection, offset or counterclaim may be served at any time prior to entry of judgment on the claim, but if a copy of the claim has been mailed to or served upon the personal representative or the attorney for the estate, the objection, offset or counterclaim shall be served upon or mailed to the claimant and filed with the court within 60 days after the copy of the claim was mailed to or served upon the personal representative or the attorney for the estate. The personal representative shall not be obligated to assert any offset or counterclaim in court and may, if he or she deems it to be in the best interests of the estate, assert the offset or counterclaim in any separate action otherwise authorized by law outside the court proceedings. Any offset or counterclaim so asserted shall be deemed denied by the original claimant.
859.33(2)(2) Procedure. If any claim, offset or counterclaim is contested, the court may require the issues to be made definite, fix a date for pretrial conference and direct the manner in which pleadings, if any, shall be exchanged. The court shall set a time for trial upon its own motion or upon motion of any party.
859.33 NoteNOTE: See notes in 1985 Wis. Act 37, marital property trailer bill.
859.33 AnnotationThe 3-day extension under s. 801.15 (5) (a) for responding to papers served by mail is applicable to objections to claims under sub. (1). Flejter v. Estate of Flejter, 2001 WI App 26, 240 Wis. 2d 401, 623 N.W.2d 552, 99-2863.
Notes of Decisions
Cited in 7
cases, 1977–2020 · leading case: Flejter v. Est. of Flejter Ex Rel. Migacz, 2001 WI App 26 (Wis. Ct. App. 2000).
Flejter v. Est. of Flejter Ex Rel. Migacz, 2001 WI App 26 (Wis. Ct. App. 2000). “§ 859.33, its legislative history, or Wisconsin case law.”
Off. of Lawyer Reg. v. Hudec (In Re Disciplinary Proceedings Against Patrick J. Hudec), 925 N.W.2d 540 (Wis. 2019). “'s claim within 60 days as required by Wis. Stat. § 859.33 . He also failed to promptly respond to several of D.”
The Est. of David F. Oaks v. Lynne Stouff, 2020 WI App 29 (Wis. Ct. App. 2020). “Reimbursement for claimed expenses ¶43 Finally, the Estate argues the circuit court erred by granting Stouff summary judgment on her claim for reimbursement of certain expenses she claimed to have paid on behalf of the Estate.”
M & I Bank v. First Am. Nat'l Bank, 248 N.W.2d 475 (Wis. 1977). “13(2) is directory, for if the estate is apprised of the nature and amount of the claim, and amendment of the claim by submission of the particular instrument may properly be made, this section is one which is given with the view to the orderly and prompt conduct of the…”
Bugbee v. Donahue, 483 F. Supp. 1328 (E.D. Wis. 1980). “, providing that a personal representative need not assert a counterclaim in probate court but may instead assert the counterclaim in a separate action brought outside the probate court proceedings. The real estate involved in this case, although listed as an asset in the…”
In re Est. of Holzman, 927 N.W.2d 158 (Wis. Ct. App. 2019). “Amy's brief invokes due process in addition to its reliance on Wis. Stat. § 859.33 (2). Amy, however, completely fails to support the proposition that the application of summary judgment to an estate dispute implicates due process.”
Edward J. Ritger v. Est. of Douglas P. Dahm (Wis. Ct. App. 2020). “§ 859.33. A party who moves pursuant to WIS.”
— Wis. Stat. § 859.33(1) — 3 cases
Flejter v. Est. of Flejter Ex Rel. Migacz, 2001 WI App 26 (Wis. Ct. App. 2000). “§ 859.33, its legislative history, or Wisconsin case law.”
Bugbee v. Donahue, 483 F. Supp. 1328 (E.D. Wis. 1980). “, providing that a personal representative need not assert a counterclaim in probate court but may instead assert the counterclaim in a separate action brought outside the probate court proceedings. The real estate involved in this case, although listed as an asset in the…”
Edward J. Ritger v. Est. of Douglas P. Dahm (Wis. Ct. App. 2020). “§ 859.33. A party who moves pursuant to WIS.”
— Wis. Stat. § 859.33(2) — 3 cases
The Est. of David F. Oaks v. Lynne Stouff, 2020 WI App 29 (Wis. Ct. App. 2020). “Reimbursement for claimed expenses ¶43 Finally, the Estate argues the circuit court erred by granting Stouff summary judgment on her claim for reimbursement of certain expenses she claimed to have paid on behalf of the Estate.”
M & I Bank v. First Am. Nat'l Bank, 248 N.W.2d 475 (Wis. 1977). “13(2) is directory, for if the estate is apprised of the nature and amount of the claim, and amendment of the claim by submission of the particular instrument may properly be made, this section is one which is given with the view to the orderly and prompt conduct of the…”
In re Est. of Holzman, 927 N.W.2d 158 (Wis. Ct. App. 2019). “Amy's brief invokes due process in addition to its reliance on Wis. Stat. § 859.33 (2). Amy, however, completely fails to support the proposition that the application of summary judgment to an estate dispute implicates due process.”
— Wis. Stat. § 859.33(l) — 1 case
Flejter v. Est. of Flejter Ex Rel. Migacz, 2001 WI App 26 (Wis. Ct. App. 2000). “§ 859.33, its legislative history, or Wisconsin case law.”
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.