Detailed Answer
In Wisconsin, you can appeal a probate court order that removes a personal representative (formerly called an executor or administrator). You must follow specific statutes and deadlines. This section explains your rights, the statutory framework, and the steps to file an appeal.
1. Statutory Framework for Removal
Under Wis. Stat. § 867.15, the court may remove a personal representative for misconduct, neglect of duty, incapacity, or failure to obey court orders. The statute also allows substitution of a new representative. See Wis. Stat. § 867.15.
2. Right to Appeal
Wisconsin law grants an appeal from any probate court order that affects substantial rights of a party. Removal of a personal representative qualifies as an appealable order under Wis. Stat. § 808.03(1). See Wis. Stat. § 808.03(1).
3. Filing Deadlines and Notice of Appeal
You must file a notice of appeal in the circuit court within 30 days after the date of the order removing the personal representative. The deadline is set by Wis. Stat. § 808.04(1)(a). See Wis. Stat. § 808.04(1)(a). Missing this deadline normally forfeits your right to appeal.
4. Preparing the Record on Appeal
After filing the notice of appeal, you must designate the record on appeal, including transcripts of hearings and relevant exhibits. The process is governed by Wis. Stat. § 809.10. See Wis. Stat. § 809.10. The record must accurately reflect the proceedings that led to the removal order.
5. Standards of Review
The Court of Appeals reviews factual findings under a “clearly erroneous” standard and legal conclusions de novo. It will not overturn the probate court unless there is a significant error in applying the law or the facts are unsupported by evidence.
6. Potential Outcomes
The appellate court may:
- Affirm the removal, leaving the substitute representative in place.
- Reverse the order and reinstate the personal representative.
- Remand the case for further proceedings if additional fact-finding is needed.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult a qualified Wisconsin attorney.
Helpful Hints
- Review the removal order as soon as you receive it to track the 30-day appeal deadline.
- Obtain certified transcripts of the probate hearing to support your appeal.
- Clearly identify errors of law or factual findings you believe are incorrect in your notice of appeal.
- Keep copies of all filings and correspondence with the court and opposing parties.
- Consider mediation or settlement before appeal to save time and costs.