Wisconsin Statutes

Wis. Stat. § 863.46 (2026)

Remedy of creditors of certain heirs and legatees; service of citation

✓ current as of July 2026

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863.46863.46 Remedy of creditors of certain heirs and legatees; service of citation.

863.46(1)(1) If any legacy or distributive share of any estate belongs to any debtor who has absconded from or is a nonresident of this state, any of his or her creditors may petition to intervene in the probate proceedings to compel the application of the legacy or distributive share to the payment of his or her debt.

863.46(2)(2) If the appearance of the debtor is necessary for the proceedings, the creditor may serve the debtor with a citation in the manner provided by s. 879.05.

863.46(3)(3) Upon proof of service, the court shall consider the petition at the time fixed in the citation. The court may grant such relief as it determines is just. Any order, judgment or determination made in the proceedings is binding on the debtor. If the claim is not a judgment and any issue arises in the proceedings related to the debt, the court may stay the proceedings pending the final determination of the issue. The court may at any time require the petitioner to give a bond in such sum and with such sureties for costs and damages as it deems proper.

863.46 HistoryHistory: 1985 a. 29.

Notes of Decisions

Cited in 2 cases, 1987–1987 · leading case: In Matter of Est. of Goldammer, 405 N.W.2d 693 (Wis. Ct. App. 1987).

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In Matter of Est. of Goldammer, 405 N.W.2d 693 (Wis. Ct. App. 1987). · cites it 3× “[3] As pointed out by Goldammer, however, it is clear from the record that there was not a "pending proceeding" under sec. 863.46, Stats. Use of that section was never pled or argued at the trial court level; it is raised for the first time on appeal.”

John Deere Credit Co. v. Goldammer, 405 N.W.2d 693 (Wis. Ct. App. 1987). · cites it 3× “As pointed out by Goldammer, however, it is clear from the record that there was not a "pending proceeding” under sec. 863.46, Stats. Use of that section was never pled or argued at the trial court level; it is raised for the first time on appeal.”

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