Wisconsin Statutes
Wis. Stat. § 867.07 (2026)
Grounds for appointment of special administrator
✓ current as of July 2026
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867.07867.07 Grounds for appointment of special administrator. Whenever it appears by petition to the court that a person has died and the court would have jurisdiction for the administration of the person’s estate, the court may appoint a special administrator if it appears that:
867.07(1)(1) There is no estate to be administered and an act should be performed on the part of the decedent, the performance of which affects or is of importance to the petitioner or any other person.
867.07(2)(2) The final judgment of distribution in the estate has been entered and an act remains unperformed in the estate, or that unadministered assets have been found or may be found belonging to the estate.
867.07(4)(4) It is necessary to conserve or administer the estate of a decedent before letters can be issued to a personal representative.
867.07(6)(6) A cause of action exists for or against the decedent or the decedent’s estate and that it is necessary that some act be performed before letters can be issued to a personal representative.
867.07(7)(7) Other circumstances exist which in the discretion of the court require the appointment of a special administrator.
867.07 Cross-referenceCross-reference: See s. 856.01 for jurisdiction for administration of estates.
867.07 AnnotationThis section does not provide a different procedure for taking depositions than that provided in ch. 804. In Matter of Estate of Berth, 157 Wis. 2d 717, 460 N.W.2d 436 (Ct. App. 1990).
867.07 AnnotationA “Simple” Probate Should Not Be This Complicated: Principles and Proposals for Revising Wisconsin’s Statutes for Probate Summary Procedures. Johnson. 2008 WLR 612.
Notes of Decisions
Cited in 7
cases (4 in the last 5 years), 1981–2023 · leading case: In Matter of Est. of Lecic, 312 N.W.2d 773 (Wis. 1981).
In Matter of Est. of Lecic, 312 N.W.2d 773 (Wis. 1981). “On May 4, 1978, pursuant to sec. 867.07, Stats. 1979-80, Dobrila Lecic, the widow, was, without notice of hearing, appointed Special Administrator of the Estate by the circuit court exercising probate jurisdiction.”
Wilber v. City of Milwaukee (E.D. Wis. 2023). “The parties make no attempt to address that portion of Wis. Stat. § 867.07 (6) that provides that a court’s ability to appoint a special administrator to represent a deceased defendant is contingent on that court “hav[ing] jurisdiction for the administration of the person’s…”
Hoberg v. Berth, 460 N.W.2d 436 (Wis. Ct. App. 1990). “) Section 867.07 sets forth the purposes for appointment of a special administrator: [T]he court may appoint a special administrator if it appears that: *721 (6) A cause of action exists for or against the decedent or his estate and that it is necessary that some act be…”
Kimberly Winter v. James Winter (Wis. Ct. App. 2021). “§ 867.07, requesting that she be appointed as a special administrator of the Estate in order to prosecute a declaration of interest action to determine the validity of the quitclaim deed that purportedly transferred the Oneida County property.”
In Matter of Est. of Berth, 460 N.W.2d 436 (Wis. Ct. App. 1990). “) Section 867.07 sets forth the purposes for appointment of a special administrator: [T]he court may appoint a special administrator if it appears that: *721 .”
Est. of Elliot (Mont. 2023). “§ 14-3614 (Allowing 7 appointment of special administrator upon necessity "to preserve the estate or to secure 8 its proper administration,Th Wis. Stat. § 867.07 (7) ("Other circumstances exist which in 9 the discretion of the court require the appointment of a special…”
Lake Arrowhead Ass'n v. Est. of Opal Straub Gary Harrop, Special Adm'r (Wis. Ct. App. 2021). “01 (“Upon his or her letters being issued by the court, the personal representative succeeds to the interest of the decedent in all property of the decedent.”
Wis. Stat. § 867.07(6): 1 case
Kimberly Winter v. James Winter (Wis. Ct. App. 2021). “§ 867.07, requesting that she be appointed as a special administrator of the Estate in order to prosecute a declaration of interest action to determine the validity of the quitclaim deed that purportedly transferred the Oneida County property.”
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