Wisconsin Statutes
Wis. Stat. § 879.01 (2026)
Petitions to court
✓ current as of July 2026
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879.01879.01 Petitions to court. All applications to courts, except motions in matters at issue, shall be made by verified petition. All petitions must show the jurisdiction of the court and the interest of the petitioner. All petitions, except those for statutory certificates or for ex parte orders in proceedings already pending, shall also show the names and post-office addresses of all persons interested, so far as known to the petitioner or ascertainable by him or her with reasonable diligence; and shall indicate who are minors or otherwise under disability, and the names and post-office addresses of their guardians. No defect of form or substance in any petition may invalidate any proceedings.
879.01 AnnotationAn “action” under s. 801.01 includes special proceedings such as probate. Ixonia State Bank v. Schuelke, 171 Wis. 2d 89, 491 N.W.2d 772 (Ct. App. 1992).
879.01 AnnotationIn probate actions, as in civil cases generally, the burden is on the petitioner to move the case forward. Theis v. Short, 2010 WI App 108, 328 Wis. 2d 162, 789 N.W.2d 585, 09-1591.
Notes of Decisions
Cited in 6
cases (3 in the last 5 years), 1973–2025 · leading case: In Re Guardianship of Catherine P., 2006 WI App 105 (Wis. Ct. App. 2006).
In Re Guardianship of Catherine P., 2006 WI App 105 (Wis. Ct. App. 2006). “She explained: "The circuit court does not acquire competency to proceed without a petition verified by one with standing, served in compliance with Wis. Stat. §§ 879.01 , 879.03, 879.05" and, therefore, "[a] motion mailed under the `five day rule' of Wis.”
In Matter of Est. of Ruediger, 264 N.W.2d 604 (Wis. 1978). “63 requires an action to he commenced by service of process, that procedure is not exclusive and that a petition to the probate court under sec. 879.01, Stats., is an acceptable alternative to the commencement of an action under sec.”
Guardianship of Marak, 207 N.W.2d 648 (Wis. 1973). “We apply sec. 879.01, Stats., 3 which expressly provides no defect of form or substance in any petition shall invalidate any proceedings.”
Arnold R. Kaiser v. Townline CTH-N LLC (Wis. Ct. App. 2024). “§§ 879.01 and 856.09, and the application must include statements regarding the decedent’s will and whether the decedent died testate or intestate.”
Greg Griswold v. Kathy Thompson (Wis. Ct. App. 2025). “§ 879.01, dismissed the claims against both law firms, upon their motion.”
Lori A. Murphy v. Daniel R. Maynard (Wis. Ct. App. 2025). “§ 879.01 (“All applications to courts, except motions in matters at issue, shall be made by verified petition.”
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