Executor Deadlines in Wisconsin

Quick answer

In Wisconsin the creditor-claim clock runs from the date of the court's order setting the claim deadline. Set by the court, not fixed by the statute. When the application for administration is filed, the court — or the probate registrar in informal administration — orders a date as the deadline for filing claims, and that date must be not less than three nor more than four months from the date of the order. Notice of the deadline is published, with the first insertion within 15 days of the order (§859.07(1)).

⚠️ Educational information only — not legal, tax, or financial advice.

The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Wisconsin with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.

When the clock starts in Wisconsin

The single fact that governs every other date on this page: in Wisconsin the creditor-claim period runs from the date of the court's order setting the claim deadline.

This is not the same in every state. Some states run the period from the date of death, others from the date letters are issued to the personal representative, others from first publication of the notice to creditors. A deadline calculated from the wrong event is simply wrong, and a missed claim deadline is not curable.

Wisconsin deadlines at a glance

Deadline Wisconsin Statute
Inventory Within a reasonable time, and no later than six months after appointment, unless the court has by order extended or shortened the time. Within five days of filing, the personal representative must send the surviving spouse and other interested persons a statement that the inventory has been filed and that a copy will be supplied on written request (§858.03). Wis. Stat. §858.01
Creditor claim period Set by the court, not fixed by the statute. When the application for administration is filed, the court — or the probate registrar in informal administration — orders a date as the deadline for filing claims, and that date must be not less than three nor more than four months from the date of the order. Notice of the deadline is published, with the first insertion within 15 days of the order (§859.07(1)). Wis. Stat. §§859.01, 859.02(1)
Outer claim bar One year after the decedent's death, for the class of claim that escapes the court-set deadline. A claim is not barred by that deadline where all three of the following are true: the personal representative knew or in the exercise of reasonable diligence should have known of the claim and of the claimant's identity and mailing address; the representative had not given the claimant notice of the deadline at least 30 days before it; and the claimant did not otherwise have actual knowledge of the proceeding at least 30 days before it. Such a claim must still be filed within one year after death and within 30 days after notice or actual knowledge, whichever comes first. Tort claims, state and federal tax claims, funeral and administration expenses, certain state medical-assistance recovery claims, and claims of the United States are outside the deadline as well (§859.02(2)(a)). Wis. Stat. §§859.02(2)(b), 859.48(2)
Closing / final distribution Eighteen months after the petition for administration is filed. If final judgment has not been entered by then in formal administration and no order extending the time is in place, the judge orders the attorney and the personal representative to show cause why it has not; in informal administration the probate registrar does the same and may appoint a replacement personal representative. The code also directs generally that all estates be completed as soon as reasonably possible and without unnecessary delay (§863.33). Wis. Stat. §863.35

The inventory deadline, as written

Except as provided by s. 865.11, the personal representative, within a reasonable time but no later than 6 months after appointment unless the court has by order extended or shortened the time, shall file an inventory of all property owned by the decedent.

— Wis. Stat. §858.01

The creditor-claim period, as written

When an application for administration is filed, the court, or the probate registrar under informal administration proceedings, shall by order set a date as the deadline for filing a claim against the decedent's estate. The date shall be not less than 3 nor more than 4 months from the date of the order.

— Wis. Stat. §§859.01, 859.02(1)

What this page does not state

Where a figure is not recorded above, it is because it was not found in the statute cited — not because no deadline exists. Court rules, local rules, and standing orders set additional dates that are not part of the statutory text, and those are not reproduced here. Confirm every date against the Wisconsin court handling the estate.

Sources

  • Statutes: Wis. Stat. §858.01; Wis. Stat. §§859.01, 859.02(1); Wis. Stat. §§859.02(2)(b), 859.48(2); Wis. Stat. §863.35
  • Authority: Wisconsin Legislature, Wisconsin Statutes (docs.legis.wisconsin.gov)
  • Source URL: https://docs.legis.wisconsin.gov/statutes/statutes/859
  • Verified: 2026-08-17

Executor deadlines in other states

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This page reproduces Wisconsin statutory deadlines as published at the time of verification. It is not legal advice. Statutes are amended, court rules impose additional dates, and application depends on the specific estate. Confirm every date with the Wisconsin court or a licensed Wisconsin attorney.