Wis. Stat. » CHAPTER 865 — PROBATE — INFORMAL ADMINISTRATION
Wisconsin Statutes

Wis. Stat. § 865.04 (2026)

Proceedings independent; exceptions

✓ current as of July 2026
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865.04865.04 Proceedings independent; exceptions.
865.04(1)(1) Except where a demand for formal administration of the estate has been duly made:
865.04(1)(a)(a) Any interested person may apply for informal administration if administration of the estate has not been commenced under s. 856.07 or 879.57 or ch. 867; and
865.04(1)(b)(b) The personal representative may apply for informal administration at any time during administration.
865.04(2)(2) The determination of each issue and the completion of each proceeding required for the administration of a decedent’s estate is independent of any other issue or proceeding involving the same estate.
865.04(3)(3) Petitions in formal proceedings during informal administration may combine various requests for relief if all the requests may be finally granted without delay.
865.04(4)(4) Upon entry of an order or judgment in a formal proceeding informal administration shall resume except as otherwise ordered by the court.
865.04 HistoryHistory: 1973 c. 39, 243.
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2008–2023 · leading case: Laatsch v. Derzon (In re Est. of Derzon), 908 N.W.2d 471 (Wis. Ct. App. 2018).
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Laatsch v. Derzon (In re Est. of Derzon), 908 N.W.2d 471 (Wis. Ct. App. 2018). · cites it 2× “" She cites Wis. Stat. § 865.04 (2), which provides that, in informal administration probate proceedings, the "determination of each issue and the completion of each proceeding required for the administration of a decedent's estate is independent of any other issue or proceeding…”
Sanders v. Est. of Sanders Ex Rel. Gruetzmacher, 2008 WI 63 (Wis. 2008). · cites it 2× “04 (2) states: "The determination of each issue and the completion of each proceeding required for the administration of a decedent's estate is independent of any other issue or proceeding involving the same estate." Additionally, in the context of probate, an appeal may be…”
Jeffrey J. Harberts v. The Est. of Merle J. Harberts (Wis. Ct. App. 2023). · cites it 2× “That petition, as noted above, sought an order from the circuit court addressing several issues, including a request to construe Article Five to determine a procedure for disposing of the real estate pursuant to the will’s terms.”
— Wis. Stat. § 865.04(2) — 1 case
Jeffrey J. Harberts v. The Est. of Merle J. Harberts (Wis. Ct. App. 2023). “That petition, as noted above, sought an order from the circuit court addressing several issues, including a request to construe Article Five to determine a procedure for disposing of the real estate pursuant to the will’s terms.”
— Wis. Stat. § 865.04(3) — 1 case
Jeffrey J. Harberts v. The Est. of Merle J. Harberts (Wis. Ct. App. 2023). “That petition, as noted above, sought an order from the circuit court addressing several issues, including a request to construe Article Five to determine a procedure for disposing of the real estate pursuant to the will’s terms.”
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