Attorney Thomas B. Burton answers the following question: What is an Executor Called in Wisconsin?
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Transcript of Video: What is an Executor Called in Wisconsin?
Today's question comes from Loyal
Wisconsin and the reader asks the following
What is an executor
called in Wisconsin daughter is power of
attorney
not valid after passing need correct
form
not called executor in Wisconsin so this
is a good question
and you’re right to point out that a power
of attorney
dies when the person who executed it
dies meaning
the person who makes the power of
attorney the principal
we call them when they die the power to
act under the power of the attorney dies
so at that point if you have a will or no will
you need to get what we call in Wisconsin
a Personal Representative appointed
to administer the estate so some states
call it an executor in Wisconsin
statutes we call it Personal
Representative
so the form you're going to need to look
for is with the circuit court you need
to file
in order to open a probate action
and then there's another form you filed
to get appointed
as personal representative now if the
deceased made a will they get to choose
the Personal Representative
in the will if they did not make a will
then the court will appoint one and
again in order to get appointed you're
going to need to open a probate action
in the county where the decedent that
the deceased person died lived before they
died
once their probate action is open the
court can appoint
a Personal Representative and they will
issue what are called letters
testamentary
to that person that gives them authority
to act
then the Personal Representative can
begin managing the assets of the estate
taking care of real estate selling
property inventorying the
estate and all the necessary actions that
need to be done
in order to complete the probate process
so again in Wisconsin we call the executor
the Personal Representative great
question and thank you for asking!
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