Detailed Answer

Short answer: In Wisconsin, challenging an estate accounting more than a year after the court approved it is difficult but sometimes possible. Your options usually include (1) asking the probate court to set aside or reopen the accounting/order based on limited grounds (fraud, mistake, newly discovered evidence, lack of notice, or procedural defects), (2) bringing a civil claim against the personal representative (for breach of fiduciary duty or surcharge), or (3) pursuing other equitable relief. Many remedies have strict time limits and procedural rules, so act promptly and get legal advice.

How the process typically works

1. Get the file and read the court order and the accounting. Obtain the probate file from the circuit court clerk. Carefully review the approved accounting, the court’s order approving it, and any notices that were served. The contents will determine what was approved and what you can reasonably challenge.
2. Identify the legal basis for reopening or attacking the accounting.
   • Fraud, misrepresentation, or forgery by the personal representative.
   • Material mistake or clerical error in the accounting or in the court’s order.
   • Newly discovered evidence that could not reasonably have been found earlier.
   • Lack of proper notice or service to interested persons, depriving them of the chance to object.
   • Breach of fiduciary duty (self-dealing, improper distributions, unreasonable fees) giving rise to a surcharge claim.
3. Consider a motion under Wisconsin’s relief-from-judgment statute. You may be able to ask the circuit court to set aside or amend its previous order under Wis. Stat. § 806.07 (relief from judgment or order). That statute provides grounds such as mistake, newly discovered evidence, and fraud. Some grounds must be raised within one year of the order, while other grounds require that a motion be brought within a “reasonable time.” See the statute for details: https://docs.legis.wisconsin.gov/statutes/statutes/806/07

   Important: Wis. Stat. § 806.07 is a general civil remedy modeled on typical relief-from-judgment rules and is used in probate cases as a method to seek reopening. Courts will examine whether you had notice, whether the issue was ripe at the time, and whether the moving party acted promptly once the grounds were discovered.

4. Bring a direct action against the personal representative if appropriate. Even if the court approved an accounting, beneficiaries can sometimes sue the personal representative for breach of fiduciary duty, conversion, or to recover assets improperly distributed. Remedies include surcharge (money damages), an accounting, and equitable relief. The availability of these actions and time limits depend on the facts and applicable statutes. Review the probate statutes and consult counsel to choose the right claim.
5. File the appropriate motion or petition. Typical filings include a motion to set aside/ vacate the order (under Wis. Stat. § 806.07), a petition to reopen the estate, or a civil complaint for breach of fiduciary duty or surcharge. Your filing should: (a) state the legal basis, (b) attach supporting documents, (c) present admissible evidence, and (d) request specific relief (reopening, additional accounting, surcharge, removal of the personal representative, etc.).
6. Ask for interim relief if assets are at risk. If you can show that assets are disappearing or will be dissipated, you can ask the court for temporary relief (an injunction, a freeze on distributions, or an order requiring an interim accounting) while the dispute is resolved.
7. Prepare for hearings and possible discovery. If the court allows reopening or permits your civil claims to proceed, expect discovery (document requests, depositions) and one or more evidentiary hearings. Courts analyze credibility, timing, and whether the moving party had a fair chance to object the first time.
8. Appeals and deadlines. If the probate court denies relief, appeals must usually be filed quickly. Appeal deadlines and procedures vary; missing them can foreclose appellate review. Work with counsel to preserve rights and meet deadlines.

Key practical points under Wisconsin law

• Relief from a court order is available under Wis. Stat. § 806.07: https://docs.legis.wisconsin.gov/statutes/statutes/806/07. That statute is an important starting point when seeking to set aside a prior probate order.
• Some grounds (fraud, misrepresentation, or newly discovered evidence) often carry a one-year filing window from the date the order was entered; other grounds require action within a “reasonable time.” Prompt action after learning of the problem strengthens your position.
• Even if an accounting was approved, beneficiaries commonly can pursue breach-of-fiduciary-duty actions or surcharge claims against a personal representative. These remedies are separate from reopening the accounting and may have their own limitations periods.
• Proper notice is crucial. If you did not receive legally sufficient notice of the accounting hearing, the court’s approval may be vulnerable. Courts treat lack of notice seriously because it undermines due process.
• The Wisconsin Courts website has practical self-help resources for probate matters. See general probate information at: https://www.wicourts.gov/services/public/selfhelp/index.htm

What documents and evidence help your case

• Copies of the approved accounting, all filings in the probate file, and the court’s approval order.
• Proof of notice (or lack of notice) sent to interested persons.
• Bank statements, cancelled checks, receipts, and correspondence showing distributions or transfers.
• Evidence of fraud or self-dealing (conflicts of interest, payments to insiders, forged signatures, false accounting entries).
• Affidavits from witnesses or experts (forensic accountants) if needed.

When to call an attorney

Because probate remedies are highly fact-specific and time-sensitive, consult a probate or estate litigation attorney as soon as you suspect a problem. An attorney can:

• Review the court file and identify the best legal path (motion under Wis. Stat. § 806.07, breach-of-fiduciary suit, petition to reopen the estate, or other relief).
• Help preserve evidence and meet procedural deadlines.
• Draft persuasive motions and represent you at hearings and on appeal.

Disclaimer

This article is for general information only and is not legal advice. It does not create an attorney-client relationship. Laws change and results turn on facts. Consult a licensed Wisconsin attorney about your specific situation.

Helpful Hints

• Act quickly. Even if you think you are outside a deadline, prompt action preserves options and demonstrates good faith to the court.
• Get the complete probate file from the circuit court clerk before you take any steps. Many disputes turn on documents in the file.
• Document everything. Save emails, bank records, and communications with the personal representative.
• If you didn’t receive notice of a hearing, gather proof (mail logs, contact lists) and raise the lack-of-notice issue early.
• Consider a forensic accountant if the numbers in the accounting look suspect. Clear, expert financial analysis can be persuasive in court.
• Be realistic about costs. Reopening long-settled probate matters can be expensive; weigh the value of potential recovery against litigation costs.
• Use local resources: Wisconsin Courts’ self-help pages and the circuit court clerk can point you to forms and filing procedures: https://www.wicourts.gov/services/public/selfhelp/index.htm