Wisconsin Statutes
Wis. Stat. § 879.61 (2026)
Discovery proceedings
✓ current as of July 2026
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879.61879.61 Discovery proceedings. Any personal representative or any person interested who suspects that any other person has concealed, stolen, conveyed or disposed of property of the estate; or is indebted to the decedent; possesses, controls or has knowledge of concealed property of the decedent; possesses, controls or has knowledge of writings which contain evidence of or tend to disclose the right, title, interest or claim of the decedent to any property; or possesses, controls or has knowledge of any will of the decedent, may file a petition in the court so stating. The court upon, such notice as it directs, may order the other person to appear before the court or a circuit court commissioner for disclosure, may subpoena witnesses and compel the production of evidence, and may make any order in relation to the matter as is just and proper.
Notes of Decisions
Cited in 5
cases (3 in the last 5 years), 1978–2025 · leading case: In Matter of Est. of Ruediger, 264 N.W.2d 604 (Wis. 1978).
In Matter of Est. of Ruediger, 264 N.W.2d 604 (Wis. 1978). “*124 Sec. 879.61, Stats., expressly permits an interested party to accomplish by a petition what Manfred intended to accomplish by filing his objection to the inventory.”
Wisconsin Valley Trust Co. v. Wisnewski, 302 N.W.2d 79 (Wis. Ct. App. 1981). “Wisnewski, appeals the circuit court order denying further relief pursuant to sec. 879.61, Stats., 1 regarding the suspected concealment of John Wisnewski’s assets.”
Mary Nies v. Prob. Servs., LLC (Wis. Ct. App. 2021). “§ 879.61 (2019-20)2—namely, various acts of “fraud, waste and/or mismanagement” by Mark and Michael in: (1) the sale of Lois’s farmland real estate; (2) the deposit of rental property proceeds payable to the Estate; (3) a life insurance policy paid as a result of their father…”
Greg Griswold v. Kathy Thompson (Wis. Ct. App. 2025). “§ 879.61, which permits the court, in its discretion, to “subpoena witnesses and compel the production of evidence” when a petition states that a person has concealed, stolen, conveyed or disposed of property of the estate; or is indebted to the decedent; possesses, controls or…”
Mary Taps v. The Est. of Martin Zolondick (Wis. Ct. App. 2023). “§ 879.61. During the circuit court proceedings, the parties stipulated that Ally had distributed the funds from Martin’s accounts in a manner consistent with the POD beneficiary designations shown in its internal records.”
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