Wisconsin Statutes 856.23 – Persons who are disqualified
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Terms Used In Wisconsin Statutes 856.23
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fiduciary: A trustee, executor, or administrator.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
- Personal representative: means a person, however denominated, who is authorized to administer a decedent's estate. See Wisconsin Statutes 990.01
- Service of process: The service of writs or summonses to the appropriate party.
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(1) A person including the person named in the will to act as personal representative is not entitled to receive letters if the person is any of the following:
(a) Under 18 years of age.
(b) Of unsound mind.
(c) A corporation not authorized to act as a fiduciary in this state.
(d) A nonresident of this state who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate and filed the appointment with the court.
(e) A person whom the court considers unsuitable for good cause shown.
(2) Nonresidency may be a sufficient cause for nonappointment or removal of a person in the court’s discretion.