Chapter 862

CHAPTER 862

PROBATE — ACCOUNTS

862.01   When personal representative shall account.

862.03   Account of personal representative adjudicated incompetent, deceased, or removed.

862.05   What charged to personal representative.

862.07   Value at which to account; what accounts to contain.

862.09   Hearing on settlement of account; notice.

862.11   Copy of account to be given to persons interested.

862.13   Objections to account.

862.15   Settlement of account.

862.17   Accounts; failure of personal representative to file.

Ch. 862 Cross-reference Cross-reference: See definitions in ch. 851.

862.01 862.01 When personal representative shall account. Except where final settlement is by sworn statement under s. 865.16, every personal representative shall file in the court a verified account of the personal representative’s administration:

862.01(1) (1) When the personal representative files a petition for final settlement;

862.01(2) (2) Upon the revocation of the personal representative’s letters;

862.01(3) (3) When the personal representative submits an application to resign as personal representative;

862.01(4) (4) At any other time when directed by the court either on its own motion or on the application of any person interested.

862.01 History History: 1973 c. 39; 1993 a. 486.

862.01 Cross-reference Cross-reference: See s. 863.33 for requirement that estates be completed promptly.

862.03 862.03 Account of personal representative adjudicated incompetent, deceased, or removed.

862.03(1) (1) Personal representative adjudicated incompetent. If a personal representative is adjudicated incompetent, the account under s. 862.01 shall be filed by the personal representative’s guardian, or, if the personal representative’s guardian fails to file, then by the personal representative’s bondsman. If neither the guardian nor the bondsman files an account, the court shall appoint a special administrator to file the account of the personal representative who is adjudicated incompetent.

862.03(2) (2) Deceased personal representative. If a personal representative dies, the account under s. 862.01 shall be filed by the personal representative of the deceased personal representative’s estate, or if the deceased personal representative’s personal representative fails to file then by a special administrator of the deceased personal representative’s estate or by the deceased personal representative’s bondsman.

862.03(3) (3) Removed personal representative. If a personal representative is removed and fails to file the account under s. 862.01, the removed personal representative’s account shall be filed by the removed personal representative’s bondsman. If the bondsman fails to file, the court shall appoint a special administrator to file the account of the personal representative who has been removed.

862.03(4) (4) Payment for preparation. The person who prepares and files an account in accordance with this section shall be allowed the reasonable value of the person’s services to be paid out of the estate, and the fees of the personal representative who is adjudicated incompetent, deceased, or removed shall be reduced accordingly.

862.03 History History: 1973 c. 90; 1993 a. 486; 2005 a. 387.

862.05 862.05 What charged to personal representative. Every personal representative shall be charged in the personal representative’s accounts with all the property of the decedent which comes to the personal representative’s possession; with all profit and income which comes to the personal representative’s possession from the estate and with the proceeds of all property of the estate sold by the personal representative.

862.05 History History: 1993 a. 486.

862.07 862.07 Value at which to account; what accounts to contain. The personal representative shall account for the property of the decedent at the value at which it is shown in the inventory. Accounts rendered to the court by a personal representative shall be for a period distinctly stated and shall show by debit and credit each item with which the personal representative is chargeable. The account shall first show the total value of the property with which the personal representative is chargeable according to the inventory or, if there has been a prior accounting, the amount of the balance of the prior account; it shall show all income or other property received and gains or losses from the sale of any property; and it shall show all payments, charges and losses. The final account shall itemize all property available for distribution and all property previously distributed and show its inventory value or if acquired by the personal representative during administration, its acquisition value.

862.07 History History: 1993 a. 486.

862.07 Cross-reference Cross-reference: See s. 71.13 (2) which requires the personal representative to file with the assessor of incomes such withholding tax returns (reports) for wages paid, sales tax returns and income tax returns as are due from the decedent and his estate.

862.09 862.09 Hearing on settlement of account; notice. Upon the filing of any account, the court shall set a date for hearing and notice thereof shall be given in accordance with s. 879.03. Unless notice is waived, the account must be filed not less than 3 weeks before the date set for hearing. An account so filed may be brought up to date on the day of the hearing. If any account shows that the assets in the estate are insufficient to pay the creditors in full, notice of that fact and of the filing of the account shall be given to all creditors who have filed claims against the estate and whose claims have not been disallowed.

862.11 862.11 Copy of account to be given to persons interested. At the time that the personal representative gives notice of hearing of allowance of any account or secures waivers of notice of hearing, the personal representative shall mail or deliver a copy of the account to every person interested whose distribution from the estate is affected by the information, other than death tax information, contained in the account. If any person interested is represented by a guardian or guardian ad litem, a copy of the account shall be mailed or delivered to the guardian or guardian ad litem but not to the person interested. If the person interested is in the military service and is represented by an attorney or an attorney-in-fact, a copy of the account shall be mailed to both the attorney or the attorney-in-fact and the person interested. Failure of the personal representative to comply with this section does not affect the jurisdiction of the court as to persons interested.

862.11 History History: 1987 a. 27 s. 3200 (47); 1991 a. 220, 315.

862.11 Cross-reference Cross-reference: See s. 879.26 which provides for waiver of this requirement.

862.13 862.13 Objections to account. At the hearing on an account of a personal representative or at any time prior thereto, any person interested may file objections to any item or omission in the account. All such objections shall be specific.

862.15 862.15 Settlement of account. The court must be satisfied of the correctness and legality of the account before allowing it. If the personal representative is present at the hearing, the personal representative may be examined on oath upon any matter relating to the personal representative’s account and the settlement of the estate. The court may refuse to approve the account unless the personal representative is present at the hearing.

862.15 History History: 1993 a. 486.

862.17 862.17 Accounts; failure of personal representative to file. If any personal representative fails to file the personal representative’s account as required by law or ordered by the court, the court may, upon its own motion or upon the petition of any person interested, either order the personal representative to file the account by a day certain or the court may proceed under s. 857.09. If after having been ordered to file the account by a day certain, the personal representative fails to comply with the order, the court shall proceed under s. 857.09.

862.17 History History: 1993 a. 486.