Detailed Answer: Process for Removing a Personal Representative in Wisconsin
Under Wisconsin law, any interested person may petition the probate court to remove a personal representative for cause. The governing statute, Wis. Stat. § 863.19, identifies grounds such as mismanagement of estate assets, failure to provide accountings, self-dealing, neglect of duty or conflicts of interest.
- Establish standing. Only heirs, beneficiaries, creditors or co-personal representatives qualify as interested persons.
- Prepare the petition. Include caption and cause number, identify the personal representative, describe your relationship to the estate, and set out specific facts showing mishandling (e.g., misappropriation of funds, failure to secure assets, refusal to provide records).
- File with the probate court. Submit the petition in the county where the estate is administered. Pay the filing fee or request a fee waiver if eligible.
- Serve all parties. Deliver the petition and summons to the personal representative and other interested persons in compliance with Wisconsin’s service rules (Wis. Stat. § 859.13). File proof of service.
- Schedule and notice the hearing. The court clerk will set a hearing date. Provide notice to all parties and consider filing a supporting memorandum with exhibits.
- Attend the hearing. Present evidence such as bank statements, correspondence, inventories or witness testimony. The personal representative may defend and respond.
- Court decision and next steps. If the court finds cause, it will remove the personal representative and may appoint a successor under Wis. Stat. § 863.20. The court can also order a surcharge against the removed representative for losses to the estate.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Helpful Hints
- Gather and preserve all documents that demonstrate mismanagement before filing.
- Review the estate inventory and accounting early to identify discrepancies.
- Consider informal resolution or mediation if appropriate.
- Monitor deadlines for objections and filings under Wisconsin probate rules.
- Seek advice from an estate litigation attorney to refine your petition and evidence.