Wisconsin Statutes
Wis. Stat. § 865.10 (2026)
Personal representative to proceed without court order; exception
✓ current as of July 2026
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865.10(1)(1) The personal representative shall proceed with the settlement and distribution of the decedent’s estate and, except as provided by this chapter or required by interested persons, shall do so without adjudication, order or direction of the court. At any time, however, the personal representative may invoke the authority of the court to resolve questions concerning the estate or its administration. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate of the decedent according to its terms.
865.10(2)(2) Any determination made in the course of informal administration or probate is subject to review and redetermination by the court in formal judicial proceedings at any time prior to termination of the appointment of the personal representative under s. 865.16 (2), or the entry of final judgment under ch. 863. Any such redetermination shall not affect the rights of bona fide purchasers and other 3rd parties dealing in good faith with an informally appointed personal representative.
Notes of Decisions
Cited in 3
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). “In August 1999, after the bank notified Neugart that it would not release funds in the accounts *976 without a court order directing to whom the bank should pay them, Neugart, as personal representative, filed a demand for formal proceedings on that issue under Wis. Stat. §…”
Arnold R. Kaiser v. Townline CTH-N LLC (Wis. Ct. App. 2024). “” Sec. 865.01. Informal administration is also subject to the provisions in chs.”
Jeffrey J. Harberts v. The Est. of Merle J. Harberts (Wis. Ct. App. 2023). “§ 865.10(1) (“The personal representative shall proceed with the settlement and distribution of the decedent’s estate and, except as provided by this chapter or required by interested persons, shall do so without adjudication, order or direction of the court.”
— Wis. Stat. § 865.10(1) — 2 cases
Arnold R. Kaiser v. Townline CTH-N LLC (Wis. Ct. App. 2024). “” Sec. 865.01. Informal administration is also subject to the provisions in chs.”
Jeffrey J. Harberts v. The Est. of Merle J. Harberts (Wis. Ct. App. 2023). “§ 865.10(1) (“The personal representative shall proceed with the settlement and distribution of the decedent’s estate and, except as provided by this chapter or required by interested persons, shall do so without adjudication, order or direction of the court.”
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