Detailed Answer

When key estate documents—like deeds, wills, bank records or account statements—reside with an uncooperative institution, a personal representative (executor or administrator) can use several legal mechanisms under Wisconsin law to secure them.

1. Send a Formal Written Demand

Begin with a written request to the institution’s records or legal department. Cite your status as personal representative. Specify the documents you need, the estate file number and the deadline. Many institutions comply upon receiving a clear, documented demand.

2. Obtain Publicly Recorded Instruments

For real estate deeds, mortgages or liens, use the county Register of Deeds. Wisconsin Stat. 59.43(2) lets you request certified copies of recorded documents for a small fee. These records often provide proof of property transfers.

3. Use Probate Discovery Procedures (Chapter 867)

Subpoena Duces Tecum

Under Wis. Stat. 867.05, the clerk of court can issue a subpoena requiring an institution to bring documents to court or at a deposition.

Depositions to Obtain Documents

Section 867.15 authorizes taking depositions of witnesses—including corporate records custodians—to produce designated estate records. Use a subpoena to compel attendance at a deposition.

4. File a Motion to Compel Production

If informal demand or subpoena fails to yield records, file a motion under Wis. Stat. 867.07. The court may order the institution to produce the documents and award costs or fees for non-compliance.

5. Seek Contempt Sanctions

When an entity ignores a court order, move to hold it in contempt under Wis. Stat. 785.03. The court can impose fines or other sanctions to enforce compliance.

6. Leverage Regulatory and Public Records Tools

• Banking Records: Contact the Wisconsin Department of Financial Institutions to request assistance or file a complaint.
• Government Records: If a state agency holds records, file a public records request under Wis. Stat. 19.36.

Disclaimer: This article provides general information only and does not constitute legal advice. Always consult a qualified attorney to address your specific situation.

Helpful Hints

• Always keep a copy of every written request, subpoena and court filing.
• Serve subpoenas in person or by certified mail with return receipt.
• Track deadlines under the probate court’s scheduling order.
• Document all communications with the institution’s representatives.
• Consider mediation or informal negotiation before filing motions.