Wisconsin Statutes

Wis. Stat. § 879.05 (2026)

Notice; manner of giving

✓ current as of July 2026

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879.05879.05 Notice; manner of giving.

879.05(1)(1) Generally. Unless the statute requiring notice in a particular proceeding provides otherwise, notice required in the administration of an estate or other proceeding shall be given either by mail under sub. (2) or by personal service under sub. (3). The first notice given by mail in any administration or other proceeding must be accompanied by notice by publication given under sub. (4). Notice by publication in addition to mailed notice is required for subsequent hearings if the name or the post-office address of one or more persons entitled to notice has not been ascertained.

879.05(2)(2) Service by mail. Service shall be made by first class mail either within or without the state at least 20 days before the hearing or proceeding upon any person whose post-office address is known or can with reasonable diligence be ascertained.

879.05(3)(3) Personal service. Personal service shall be made at least 10 days before the hearing under s. 801.11, except as that section provides for service by publication and except that substituted service under s. 801.11 (1) (b) may not be made outside this state.

879.05(4)(4) Service by publication. Unless a statute provides otherwise, every court notice required to be given by publication shall be published as a class 3 notice in a newspaper published in the county, eligible under ch. 985, as the court by order directs.

879.05 HistoryHistory: 1973 c. 12; Sup. Ct. Order, 67 Wis. 2d 585, 783 (1975); 1977 c. 449.

879.05 AnnotationWhen the heirs at law had not been heard from for 30 to 40 years, published notice of hearing on proof of the will was legal notice to the heirs under s. 856.11. Bank of Sturgeon Bay v. White, 92 Wis. 2d 354, 284 N.W.2d 908 (1979).

Notes of Decisions

Cited in 4 cases, 1979–2006 · leading case: In Re Guardianship of Catherine P., 2006 WI App 105 (Wis. Ct. App. 2006).

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In Re Guardianship of Catherine P., 2006 WI App 105 (Wis. Ct. App. 2006). · cites it 3× “It is undisputed that Linda did not have twenty days' notice, see Wis. Stat. § 879.05 (2), before the first hearing on Wayne's petition to remove her as guardian, which was conducted on February 4, 2005.”

In Matter of Est. of Barthel, 468 N.W.2d 689 (Wis. 1991). · cites it 2× “Section 879.05(4), Stats. 1987-88, provides: SERVICE BY PUBLICATION.”

Bank of Sturgeon Bay v. White, 284 N.W.2d 908 (Wis. 1979). · cites it 2× “Specifically, the appellants claim that neither the attorney general’s office nor the guardian ad litem received notice of the hearing on proof of will twenty days prior to the hearing date as required under sec. 879.05(2), Stats. We believe there is no possible question about…”

Sears, Roebuck & Co. v. Plath, 468 N.W.2d 689 (Wis. 1991). · cites it 2× “Section 879.05(4), Stats. 1987-88, provides: SERVICE BY PUBLICATION.”

— Wis. Stat. § 879.05(2) — 2 cases

In Re Guardianship of Catherine P., 2006 WI App 105 (Wis. Ct. App. 2006). “It is undisputed that Linda did not have twenty days' notice, see Wis. Stat. § 879.05 (2), before the first hearing on Wayne's petition to remove her as guardian, which was conducted on February 4, 2005.”

Bank of Sturgeon Bay v. White, 284 N.W.2d 908 (Wis. 1979). “Specifically, the appellants claim that neither the attorney general’s office nor the guardian ad litem received notice of the hearing on proof of will twenty days prior to the hearing date as required under sec. 879.05(2), Stats. We believe there is no possible question about…”

— Wis. Stat. § 879.05(4) — 3 cases

In Matter of Est. of Barthel, 468 N.W.2d 689 (Wis. 1991). “Section 879.05(4), Stats. 1987-88, provides: SERVICE BY PUBLICATION.”

Sears, Roebuck & Co. v. Plath, 468 N.W.2d 689 (Wis. 1991). “Section 879.05(4), Stats. 1987-88, provides: SERVICE BY PUBLICATION.”

Bank of Sturgeon Bay v. White, 284 N.W.2d 908 (Wis. 1979). “Specifically, the appellants claim that neither the attorney general’s office nor the guardian ad litem received notice of the hearing on proof of will twenty days prior to the hearing date as required under sec. 879.05(2), Stats. We believe there is no possible question about…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.