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Wis. Stat. § 865.201

Confirmation of interest in property

Applied in 3 court decisions — leading case Maciolek v. City of Milwaukee Employes' Retirement System Annuity & Pension Board (2006)

Most recently applied in MacIolek v. Mers (January 2006)

1983 a. 186; 1985 a. 37; 1993 a. 301; 2005 a. 206; 2021 a. 201.

(1) As an alternative to s. 867.046 the personal representative may file with the probate registrar a verified statement describing property in which the decedent had an interest in marital property or in which any designated person, trust, or other entity has an interest passing by nontestamentary disposition under s. 705.15, 705.18, or 766.58 (3) (f), including the recording data, if any, of the document creating the interest and any right of survivorship. Valuations need not be set forth in the statement.

(2) Upon filing under sub. (1), the statement constitutes prima facie evidence of the facts recited and evidences the termination of the decedent’s interest and the confirmation of the surviving spouse’s or the designated person’s trust’s or other entity’s interest in the property listed, with the same effect as if a certificate had been issued by the court under s. 867.046. If the statement describes an interest in real property or a debt secured by an interest in real property, the personal representative may record the statement in the office of the register of deeds in each county in this state in which real property is located.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.