Disclaimer: This article is for general informational purposes and does not constitute legal advice.
Detailed Answer
Under Wisconsin law, the probate court generally appoints personal representatives in a specific order of priority. Wis. Stat. § 851.02 outlines this hierarchy: surviving spouse first, then adult children, parents, siblings, more remote heirs, and so on Wis. Stat. § 851.02.
1. Priority of Appointment
The court follows the statutory order unless:
- All higher-priority individuals are disqualified or unwilling to serve.
- They provide valid written waivers of their right to appointment.
- The court finds special circumstances warranting deviation.
2. Waivers by Higher-Priority Heirs
Wisconsin law allows an heir with priority to sign a waiver, clearing the way for a lower-priority applicant. Obtain signed, notarized waivers from each higher-priority heir and submit them with your petition.
3. Disqualification or Unwillingness
If a higher-priority heir is unable to serve—for example, because they live outside Wisconsin and cannot post bond (Wis. Stat. § 851.025)—the court may skip them. Provide evidence of disqualification or refusal.
4. Special Circumstances
The court can appoint a lower-priority person if “special circumstances” exist. Examples include conflicts of interest, potential mismanagement, or inability of the higher-priority heir to act in the estate’s best interest. Present factual support at your hearing. See Wis. Stat. § 851.07 Wis. Stat. § 851.07.
5. Filing Your Petition
- File a petition for appointment in the probate court of the county where the decedent resided.
- List all priority individuals and attach any waivers or evidence of disqualification.
- Propose bond terms if required by Wisconsin law.
- Serve notice on interested parties and schedule a hearing.
At the hearing, clearly explain why the higher-priority heir should be bypassed and why you qualify. The court will weigh evidence and decide based on statutory criteria and the estate’s best interest.
Helpful Hints
- Consult the probate court clerk early to confirm filing requirements and fees.
- Gather written waivers and evidence of disqualification before drafting your petition.
- Prepare a detailed statement of “special circumstances” if relying on Wis. Stat. § 851.07.
- Consider bonding options if higher-priority heirs cannot post bond.
- Seek professional legal advice for complex estates or contested matters.