Wisconsin Statutes

Wis. Stat. § 879.31 (2026)

Relief from judgment or order

✓ current as of July 2026

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879.31879.31 Relief from judgment or order. On motion, notice to adverse parties and hearing, the court may relieve a party or legal representative from a judgment or orders of the court or the party’s stipulation as provided in s. 806.07.

879.31 HistoryHistory: 1983 a. 219.

879.31 AnnotationThe probate code expressly incorporates s. 806.07 as the applicable standard for deciding whether to reopen an estate. When deciding whether to grant a party’s request to reopen an estate that has been closed for a lengthy period of time, the court looks to the amount of time that has passed since an estate has closed, the party’s interaction with the closed estate paired with the relief sought by challenging the estate’s administration, whether alternative and more appropriate methods were available to obtain that relief, and other intervening circumstances that would make it inequitable to reopen the estate for the relief sought. Kaiser v. Townline CTH-N LLC, 2024 WI App 59, 414 Wis. 2d 50, 13 N.W.3d 251, 23-0058.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1979–2024 · leading case: In Matter of Est. of O'Neill, 519 N.W.2d 750 (Wis. Ct. App. 1994).

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In Matter of Est. of O'Neill, 519 N.W.2d 750 (Wis. Ct. App. 1994). · cites it 9× “We conclude that Daniel's failure to appear at the will construction hearing required him to move to reopen the decision under §§ 879.31 and 806.07, STATS., before the probate court could entertain any argument by Daniel regarding the will's construction.”

Gittel v. Abram, 2002 WI App 113 (Wis. Ct. App. 2002). “§ 879.31 adopts § 806.07 in probate proceedings and provides: "On motion, notice to adverse parties and hearing, the court may relieve a party or legal representative from a judgment or orders of the court or the party's stipulation as provided in s.”

Bank of Sturgeon Bay v. White, 284 N.W.2d 908 (Wis. 1979). · cites it 2× “was not filed within the time limited by Section 879.31 of the Wisconsin Statutes, to-wit: within Six (6) months of the act complained of.”

Arnold R. Kaiser v. Townline CTH-N LLC (Wis. Ct. App. 2024). · cites it 6× “§ 879.31 applied to the relief it sought because the Estate was closed by a sworn statement from the personal representative rather than a final order or judgment; therefore, the Estate’s closing did not constitute a final judgment or order to which § 806.”

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