Section 865.02. Use of informal administration.

 

(1)  Informal administration may be used:

(a) Where the decedent died testate and:

1. The will does not prohibit the use of informal administration;

2. The will names a personal representative who accepts such appointment;

3. Bond is furnished if required under s. 865.07 as provided under s. 856.25 ; and

4. The probate registrar may appoint a guardian ad litem, and shall have the authority, for such purpose, granted to the court by, and shall proceed pursuant to s. 879.23 .

(b) Where the decedent died intestate or the requirements of par. (a) 2. and 3. are not satisfied and:

1. All interested persons request or consent in writing to informal administration and to the appointment of the same person as personal representative. A guardian or guardian ad litem may consent on behalf of an interested person who is a minor or is an individual adjudicated incompetent. The probate registrar may appoint a guardian ad litem, and shall have the authority, for such purpose, granted to the court by, and shall proceed pursuant to s. 879.23 .

2. Bond is furnished if required under s. 865.07 as provided under s. 856.25 .

(2)  Where the will of the decedent expressly prohibits informal administration it shall not be used.

1973 c. 39 ; 1975 c. 331 ; 2005 a. 387 .