Wisconsin Statutes
Wis. Stat. § 865.03 (2026)
Formal proceedings: nature; effect
✓ current as of July 2026
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865.03(1)(1) A formal proceeding in this chapter is a judicial proceeding before the court involving the administration of the estate of a decedent, including a court proceeding concerning the use or availability of this chapter. It is distinguished from an administrative proceeding before the probate registrar. Formal proceedings, either as to a particular issue or as to the entire subsequent administration of the estate, may be initiated by the personal representative or by any interested person at any time by a written demand therefor. Formal proceedings may be demanded by a guardian or guardian ad litem on behalf of an interested person who is a minor or is an individual adjudicated incompetent.
865.03(2)(2) A demand for formal proceedings shall be served on the personal representative, if any, and filed with the court. Service of a demand on the personal representative or, if none is appointed, filing of a demand with the court shall suspend informal administration as to the issues or matters referred to therein and shall suspend the powers of the personal representative in respect thereto until the same are reinstated by the court.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2002–2024 · leading case: Bell v. Neugart, 2002 WI App 180 (Wis. Ct. App. 2002).
Bell v. Neugart, 2002 WI App 180 (Wis. Ct. App. 2002). “" See Wis. Stat. § 865.03 (2). When the court declined to remove her as personal representative in response to Jameson's April 28, 2000 motion for stay, the court reasoned that the accounts were in the custody of the bank, so there was no need to act to protect them while the…”
In Re Est. of Joyce, 2008 WI App 92 (Wis. Ct. App. 2008). “See Wis. Stat. § 865.03 . She further notes that this demand was not addressed to "a particular issue" but rather sought formal proceedings for "the entire subsequent administration of the estate.”
Arnold R. Kaiser v. Townline CTH-N LLC (Wis. Ct. App. 2024). “§ 865.03(1). A demand for formal proceedings suspends informal administration as to the issues referred to in the demand and suspends the personal representative’s powers “in respect thereto until the same are reinstated by the court.”
Faith A. Lowell v. Patricia Hammarback (Wis. Ct. App. 2019). “§ 865.03 (2017-18).4 ¶5 The circuit court granted Faith Ann’s demand for formal administration and issued a scheduling order for “resolution of the inventory.”
Jeffrey J. Harberts v. The Est. of Merle J. Harberts (Wis. Ct. App. 2023). “§ 865.03(1). “Petitions in formal proceedings during informal administration may combine various requests for relief if all the requests may be finally granted without delay.”
— Wis. Stat. § 865.03(1) — 2 cases
Arnold R. Kaiser v. Townline CTH-N LLC (Wis. Ct. App. 2024). “§ 865.03(1). A demand for formal proceedings suspends informal administration as to the issues referred to in the demand and suspends the personal representative’s powers “in respect thereto until the same are reinstated by the court.”
Jeffrey J. Harberts v. The Est. of Merle J. Harberts (Wis. Ct. App. 2023). “§ 865.03(1). “Petitions in formal proceedings during informal administration may combine various requests for relief if all the requests may be finally granted without delay.”
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