§ 859.02 — Limitation on claims.

Wisconsin § 859.02

• Jurisdiction: Wisconsin
• Ch. 859: Probate — claims

Text

859.02
859.02(1) (1) Except as provided in sub. (2) and s. 859.03 , all claims against a decedent’s estate including claims of the state and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, are barred against the estate, the personal representative and the heirs and beneficiaries of the decedent unless filed on or before the date set under s. 859.01 .
859.02(2) (2) A claim against a decedent’s estate that is not filed on or before the date set under s. 859.01 is not barred if:
859.02(2)(a) (a) It is a claim based on tort, on a marital property agreement that is subject to the time limitations under s. 766.58 (13) (b) or (c) , on Wisconsin income, franchise, sales, withholding, gift, or death taxes, or on unemployment insurance contributions due or benefits overpaid; a claim for funeral or administrative expenses; a claim of this state under s. 46.27 (7g) , 2017 stats., or s. 49.496 , 49.682 , or 49.849 ; or a claim of the United States; or
859.02(2)(b) (b) All of the following circumstances exist:
859.02(2)(b)1. 1. On or before the date set under s. 859.01 , the personal representative knew, or in the exercise of reasonable diligence should have known, of the existence of the potential claim and of the identity and mailing address of the potential claimant.
859.02(2)(b)2. 2. At least 30 days prior to the date set under s. 859.01 , the personal representative had not given notice to the potential claimant of the final day for filing his or her claim and the court in which the estate proceeding was pending.
859.02(2)(b)3. 3. At least 30 days prior to the date set under s. 859.01 , the claimant did not have actual knowledge that the estate proceeding was pending and of the court in which that proceeding was pending.
859.02(2m) (2m)
859.02(2m)(a) (a) A claim based on a tort is subject to s. 859.45 .
859.02(2m)(b) (b) A claim of a creditor without notice is subject to s. 859.48 .
859.02(3) (3) Failure of a claimant timely to file a claim against a decedent’s estate does not bar the claimant from satisfying the claim not otherwise barred from property other than the decedent’s estate.
[Cross-reference: 859.02 Cross-reference Cross-reference: See s. 893.93 (1) (c) , which bars all claims against a decedent or the estate if administration not commenced within 6 years after death.]
[Cross-reference: 859.02 Cross-reference Cross-reference: See s. 859.45 as to tort claims.]

Legislative History

859.02 History History: 1989 a. 96 ; 1991 a. 39 , 89 , 301 ; 1995 a. 27 ; 1997 a. 39 ; 1999 a. 9 ; 2005 a. 216 ; 2013 a. 20 ; 2019 a. 9 ; 2021 a. 239 s. 74 ; 2023 a. 127 .