How Can a Client Obtain Appointment as Administrator When a Higher-Priority Heir Exists in Wisconsin?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.