Full question:
What is the time frame to contest a will?
- Category: Wills and Estates
- Date:
- State: Wisconsin
Answer:
In Wisconsin, the time frame to contest a will is governed by Wis. Stat. § 859.02. Generally, all claims against a decedent's estate must be filed by the date set under Wis. Stat. § 859.01. If a claim is not filed by this date, it may still be considered valid under certain conditions:
- If the claim is based on tort, certain tax claims, funeral expenses, or administrative expenses.
- If the personal representative knew or should have known about the potential claim and the claimant's identity and address before the deadline.
- If the personal representative did not notify the claimant of the deadline at least thirty days prior.
- If the claimant did not have actual knowledge of the estate proceedings and the court where the proceedings were taking place at least thirty days before the deadline.
Additionally, failure to file a claim on time does not prevent the claimant from seeking satisfaction from other property not part of the decedent's estate.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.