Wisconsin § 859.43 Encumbered assets; payment of debt.

Wisconsin Statutes

§ 859.43 — Encumbered assets; payment of debt.

Wisconsin § 859.43

Ch. 859Probate — claims

This text of Wisconsin § 859.43 (Encumbered assets; payment of debt.) is published on Counsel Stack Legal Research, covering Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wis. Stat. § 859.43 (2026).

Text

43
43(1) (1) Rights of secured creditors not affected. Nothing in this chapter shall affect or prevent any action or proceeding to enforce any mortgage, pledge, lien or other security agreement against property of the estate.
43(2) (2) Payment. When any property in the estate is encumbered by mortgage, pledge, lien or other security agreement, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or may convey or transfer the encumbered assets to the creditor in satisfaction of the creditor’s lien, in whole or in part, whether or not the holder of the encumbrance has filed a claim.
[Cross-reference: 859.43 Cross-reference Cross-reference: See s. 863.13 , which deals with exoneration of encumbered prope

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859.43
859.43(1) (1) Rights of secured creditors not affected. Nothing in this chapter shall affect or prevent any action or proceeding to enforce any mortgage, pledge, lien or other security agreement against property of the estate.
859.43(2) (2) Payment. When any property in the estate is encumbered by mortgage, pledge, lien or other security agreement, the personal representative may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or may convey or transfer the encumbered assets to the creditor in satisfaction of the creditor’s lien, in whole or in part, whether or not the holder of the encumbrance has filed a claim.
[Cross-reference: 859.43 Cross-reference Cross-reference: See s. 863.13 , which deals with exoneration of encumbered property.]
[Cross-reference: 859.43 Cross-reference Cross-reference: See s. 859.19 , which deals with the payment of secured claims which have been filed.]