Wisconsin Statutes 862.03 – Account of personal representative adjudicated incompetent, deceased, or removed
Current as of: 2023 | Check for updates
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Terms Used In Wisconsin Statutes 862.03
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
(1) Personal representative adjudicated incompetent. If a personal representative is adjudicated incompetent, the account under s. 862.01 shall be filed by the personal representative’s guardian, or, if the personal representative’s guardian fails to file, then by the personal representative’s bondsman. If neither the guardian nor the bondsman files an account, the court shall appoint a special administrator to file the account of the personal representative who is adjudicated incompetent.
(2) Deceased personal representative. If a personal representative dies, the account under s. 862.01 shall be filed by the personal representative of the deceased personal representative’s estate, or if the deceased personal representative’s personal representative fails to file then by a special administrator of the deceased personal representative’s estate or by the deceased personal representative’s bondsman.
(3) Removed personal representative. If a personal representative is removed and fails to file the account under s. 862.01, the removed personal representative’s account shall be filed by the removed personal representative’s bondsman. If the bondsman fails to file, the court shall appoint a special administrator to file the account of the personal representative who has been removed.
(4) Payment for preparation. The person who prepares and files an account in accordance with this section shall be allowed the reasonable value of the person’s services to be paid out of the estate, and the fees of the personal representative who is adjudicated incompetent, deceased, or removed shall be reduced accordingly.