Wis. Stat. » CHAPTER 893 — LIMITATIONS OF COMMENCEMENT OF ACTIONS AND PROCEEDINGS; PROCEDURE FOR CLAIMS AGAINST GOVERNMENTAL UNITS
Wisconsin Statutes

Wis. Stat. § 893.22 (2026)

Limitation in case of death

✓ current as of July 2026
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893.22893.22 Limitation in case of death. If a person entitled to bring an action dies before the expiration of the time limited for the commencement of the action and the cause of action survives, an action may be commenced by the person’s representatives after the expiration of that time and within one year from the person’s death. If a person against whom an action may be brought dies before the expiration of the time limited for the commencement of the action and the cause of action survives, an action may be commenced after the expiration of that time and within one year after the issuing, within this state, of letters testamentary or other letters authorizing the administration of the decedent’s estate.
893.22 HistoryHistory: 1979 c. 323; 2001 a. 102.
893.22 NoteJudicial Council Committee’s Note, 1979: This section is previous s. 893.34 renumbered for more logical placement in restructured ch. 893 and revised for the purpose of clarity only. [Bill 326-A]
893.22 AnnotationThis section does not provide a one-year extension of the statute of limitations from when a creditor, or another, petitions for probate of the decedent’s estate under s. 856.07. This section only applies when a person entitled to bring the action dies with an existing claim that has less than one year remaining on the period of limitations. In such cases, the period of limitations is extended for one year, which begins to run upon the person’s death. Kurt Van Engel Commission Co. v. Zingale, 2005 WI App 82, 280 Wis. 2d 777, 696 N.W.2d 280, 04-1900. See also Walberg v. St. Francis Home, Inc., 2005 WI 64, 281 Wis. 2d 99, 697 N.W.2d 36, 03-2164.
Notes of Decisions
Cited in 8 cases, 1983–2019 · leading case: Walberg v. St. Francis Home, Inc., 2005 WI 64 (Wis. 2005).
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Walberg v. St. Francis Home, Inc., 2005 WI 64 (Wis. 2005). · cites it 43× “1 The petitioners contend that the claims were time-barred under Wis. Stat. § 893.22 . 2 We determine, however, that Wis.”
Walberg v. St. Francis Home, Inc., 2004 WI App 120 (Wis. Ct. App. 2004). · cites it 25× “Walberg argues the trial court erred by concluding Yox's claims were time-barred under Wis. Stat. § 893.22 . 1 We agree and therefore the order dismissing the claims is reversed.”
Kurt Van Engel Comm'n Co., Inc. v. Zingale, 2005 WI App 82 (Wis. Ct. App. 2005). · cites it 42× “§ 893.22 [2] ¶ 29. Even if the Pledge Agreement extended the statute of limitations to August 15, 2001, we conclude that Van Engel's claim is nonetheless barred because he did not file a petition to commence probate of Anthony Zingale's estate until August 12, 2002, and did not…”
Haferman v. St. Clare Healthcare Found., Inc., 2005 WI 171 (Wis. 2005). · cites it 4× “, Wis. Stat. §§ 893.22 , 893.55(2) and (3), and *650 893.”
Les Moise, Inc. v. Rossignol Ski Co., Inc., 361 N.W.2d 653 (Wis. 1985). · cites it 4× “" Section 893.22, Stats. 1973: "893.22 Within one year.”
Zayed v. Clark Manor Convalescent Ctr., Inc., 2019 IL App (1st) 181552 (Ill. App. Ct. 2019). · cites it 3× “” Walberg, 2004 WI App 120, ¶ 6 (quoting Wis. Stat. § 893.22 (2004)). The trial court concluded that, upon a person’s death, this statute automatically shortened the period of limitations for any of that person’s existing claims to one year, causing the estate’s action to be…”
Bruno Wine & Spirits, Inc. v. Guimarra Vineyards, 573 F. Supp. 337 (E.D. Wis. 1983). · cites it 2× “-02(6) (1974), and that those claims of plaintiff’s that accrued prior to June 8, 1981, are barred by the one-year statute of limitations in Wis.Stat. § 893.22(3) (1974). Plaintiff replied to the counterclaim on September 13, 1982.”
Shelton v. Dolan, 591 N.W.2d 894 (Wis. Ct. App. 1998). “15 [§ 893.22], Stats., did not apply to the plaintiff in this action because of the owner-in-possession exception.”
— Wis. Stat. § 893.22(3) — 1 case
Bruno Wine & Spirits, Inc. v. Guimarra Vineyards, 573 F. Supp. 337 (E.D. Wis. 1983). “-02(6) (1974), and that those claims of plaintiff’s that accrued prior to June 8, 1981, are barred by the one-year statute of limitations in Wis.Stat. § 893.22(3) (1974). Plaintiff replied to the counterclaim on September 13, 1982.”
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.