851.002 – Definitions.
851.002 Definitions. The definitions in ss. 851.01 to 851.31 apply to chs. 851 to 882. History: 1979 c. 89; 1997 a. 188. Wisconsin’s New Probate Code. Erlanger. Wis. Law. Oct. 1998.
851.01 – Administration.
851.01 Administration. “Administration” means any proceeding relating to a decedent’s estate whether testate or intestate.
851.03 – Beneficiary.
851.03 Beneficiary. “Beneficiary” means any person nominated in a will to receive an interest in property other than in a fiduciary capacity.
851.035 – Conscious presence.
851.035 Conscious presence. “Conscious presence” means within the range of any of a person’s senses. History: 1997 a. 188.
851.04 – Court.
851.04 Court. “Court” means the circuit court or judge assigned to exercise probate jurisdiction. History: 1977 c. 449.
851.05 – Decedent.
851.05 Decedent. “Decedent” means the deceased person whose estate is subject to administration.
851.055 – Deferred marital property.
851.055 Deferred marital property. “Deferred marital property” means any property that satisfies all of the following: (1) Is not classified by ch. 766. (1m) Is not classified as individual property or marital property under a valid marital property agreement, unless the marital property agreement provides otherwise. (2) Was acquired while the spouses were married. (3) […]
851.06 – Determination date.
851.06 Determination date. “Determination date” has the meaning given under s. 766.01 (5). History: 1985 a. 37.
851.065 – Devise.
851.065 Devise. “Devise,” when used as a noun, means a testamentary disposition of any real or personal property by will. “Devise,” when used as a verb, means to dispose of any real or personal property by will. History: 1997 a. 188; 2015 a. 196.
851.07 – Distributee.
851.07 Distributee. “Distributee” means any person to whom property of a decedent is distributed other than in payment of a claim, or who is entitled to property of a decedent under the decedent’s will or under the statutes of intestate succession. History: 1993 a. 486.
851.08 – Domestic partner.
851.08 Domestic partner. “Domestic partner” has the meaning given in s. 770.01 (1) and “domestic partnership” has the meaning given in s. 770.01 (2). History: 2009 a. 28.
851.09 – Heir.
851.09 Heir. “Heir” means any person, including the surviving spouse, who is entitled under the statutes of intestate succession to an interest in property of a decedent. The state is an heir of the decedent and a person interested under s. 45.51 (10) and (11) when the decedent was a member of a Wisconsin veterans […]
851.11 – Intestate succession.
851.11 Intestate succession. “Intestate succession” means succession to title to property of a decedent by reason of ch. 852, without regard to whether the property descends or is distributed.
851.13 – Issue.
851.13 Issue. “Issue” means children, grandchildren, great-grandchildren, and lineal descendants of more remote degrees, including those who occupy that relation by reason of adoption under s. 854.20 and nonmarital children and their lineal descendants to the extent provided by s. 852.05. History: 1981 c. 391; 1983 a. 447; 1997 a. 188.
851.15 – Mortgage.
851.15 Mortgage. “Mortgage” means any agreement or arrangement in which property is used as security.
851.17 – Net estate.
851.17 Net estate. “Net estate” means all property subject to administration less the property selected by the surviving spouse or surviving domestic partner under s. 861.33, the allowances made by the court under ss. 861.31, 861.35 and 861.41 except as those allowances are charged by the court against the intestate share of the recipient, administration, […]
851.19 – Person.
851.19 Person. “Person” includes natural persons, corporations and other organizations.
851.21 – Person interested.
851.21 Person interested. (1) Who are “persons interested”. The following are “persons interested”: (a) An heir of the decedent. (b) Except as provided in s. 853.32 (2) (e), a beneficiary named in any document offered for probate as the will of the decedent and includes a person named or acting as a trustee of any […]
851.23 – Personal representative.
851.23 Personal representative. “Personal representative” means any person to whom letters to administer a decedent’s estate have been granted by the court or by the probate registrar under ch. 865, but does not include a special administrator. History: 1973 c. 39.
851.27 – Property.
851.27 Property. “Property” means any interest, legal or equitable, in real or personal property, without distinction as to kind, including money, rights of a beneficiary under a contractual arrangement, choses in action, digital property, as defined in s. 711.03 (10), and anything else that may be the subject of ownership. History: 1997 a. 188; 2015 […]