Wisconsin Statutes
Wis. Stat. § 863.35 (2026)
Dormant estates
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
863.35(1)(1) If under formal administration final judgment is not entered in an estate within 18 months after filing of the petition for administration and the estate is not open pursuant to an order extending time, the judge shall order the attorney and the personal representative for the estate to show cause why final judgment has not been entered and shall proceed under s. 857.09.
863.35(2)(2) If under informal administration under ch. 865 the estate has not been closed by sworn affidavit within 18 months after filing of the petition for administration and the estate is not open pursuant to an order extending time, the probate registrar shall order the personal representative for the estate to show cause why the estate has not been closed. If cause is not shown the probate registrar shall appoint a new personal representative acceptable to all interested parties other than creditors of the deceased who shall proceed under ch. 865.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1984–2024 · leading case: Old Repub. Sur. Co. v. Erlien, 527 N.W.2d 389 (Wis. Ct. App. 1994).
Old Repub. Sur. Co. v. Erlien, 527 N.W.2d 389 (Wis. Ct. App. 1994). “1 Section 863.35, Stats. In 1966, the author of this opinion, while presiding in probate and in response to public hue and cry about perceived abuses in the probate courts, established a system of inquiry into dormant estates and delinquent guardianships, conservatorships, and…”
In Re Rose, 144 S.W.3d 661 (Tex. 2004). “Wis. Stat. § 863.35 (1) (LEXIS through all 2003 legislation).”
Disciplinary Proceedings Against Kasprowicz, 2004 WI 151 (Wis. 2004). “01, by failing to close the estate within 18 months, as required by Wis. Stat. § 863.35 , without filing a request for an extension of time to close the estate, and by failing to file fiduciary income tax returns for the estate and trust, which resulted in approximately $4100 in…”
Matter of Complaint Against Van Susteren, 348 N.W.2d 579 (Wis. 1984). “As discipline for his persistent failure to organize his court and supervise its personnel for the prompt and convenient disposition of court business, his failure to perform his duties as personal representative in two estates, his failure to comply with a court order in one of…”
Arnold R. Kaiser v. Townline CTH-N LLC (Wis. Ct. App. 2024). “If an estate is not closed within eighteen months after filing a petition for either formal or informal administration, and there is no order extending the time to complete administration, a personal representative must show cause as to why the estate has not been closed.”
— Wis. Stat. § 863.35(1) — 2 cases
Matter of Complaint Against Van Susteren, 348 N.W.2d 579 (Wis. 1984). “As discipline for his persistent failure to organize his court and supervise its personnel for the prompt and convenient disposition of court business, his failure to perform his duties as personal representative in two estates, his failure to comply with a court order in one of…”
Arnold R. Kaiser v. Townline CTH-N LLC (Wis. Ct. App. 2024). “If an estate is not closed within eighteen months after filing a petition for either formal or informal administration, and there is no order extending the time to complete administration, a personal representative must show cause as to why the estate has not been closed.”
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.