865.02 Use of informal administration. - Wisconsin Statutes

865.02

865.02 Use of informal administration.

865.02(1)

(1) Informal administration may be used:

865.02(1)(a)

(a) Where the decedent died testate and:

865.02(1)(a)1.

1. The will does not prohibit the use of informal administration;

865.02(1)(a)2.

2. The will names a personal representative who accepts such appointment;

865.02(1)(a)3.

3. Bond is furnished if required under s. 865.07 as provided under s. 856.25; and

865.02(1)(a)4.

4. The probate registrar may appoint a guardian ad litem, and shall have the authority, for such purpose, granted to the court by, and shall proceed pursuant to s. 879.23.

865.02(1)(b)

(b) Where the decedent died intestate or the requirements of par. (a) 2. and 3. are not satisfied and:

865.02(1)(b)1.

1. All interested persons request or consent in writing to informal administration and to the appointment of the same person as personal representative. A guardian or guardian ad litem may consent on behalf of an interested person who is a minor or is an individual adjudicated incompetent. The probate registrar may appoint a guardian ad litem, and shall have the authority, for such purpose, granted to the court by, and shall proceed pursuant to s. 879.23.

865.02(1)(b)2.

2. Bond is furnished if required under s. 865.07 as provided under s. 856.25.

865.02(2)

(2) Where the will of the decedent expressly prohibits informal administration it shall not be used.

865.02 - ANNOT.

History: 1973 c. 39; 1975 c. 331; 2005 a. 387.