Wisconsin § 856.31 - Selection of attorney to represent estate.

§ 856.31. Selection of attorney to represent estate.

Whenever a corporate fiduciary is appointed as the sole personal representative, the person or persons receiving the majority interest from the estate may within 30 days after the date of the appointment select the attorney who shall represent the personal representative in all proceedings of any kind or nature, unless good cause is shown before the court why selection should not be so made, or unless the testator’s will names the attorney or firm who shall represent the personal representative. The corporate fiduciary shall notify the persons who are entitled to name the attorney of this right within 5 days after appointment. In case a person is under disability, the court appointed guardian, if any, may act for such person under this section. In the case of a minor who has no court appointed guardian, the natural guardian, if any, may act for the minor. “Interest”, as used in this section, means beneficial interest whether legal or equitable. 856.31 History History: 1973 c. 233 ; 1975 c. 331 , 421 . 856.31 Annotation An attorney may not solicit, either directly or indirectly, to be named, or to have a relative named, executor in a will. State v. Gulbankian, 54 Wis. 2d 605 , 196 N.W.2d 733 (1972). 856.31 Annotation A will provision directing that the named attorney represent the estate was upheld. In re Estate of Devroy, 109 Wis. 2d 154 , 325 N.W.2d 345 (1982). Down Down /statutes/statutes/856 true statutes /statutes/statutes/856/31 Chs. 851-882, Probate statutes/856.31 statutes/856.31 section true Menu » Statutes Related » Statutes » Chapter 856 × Details for PDF view Link (Permanent link) Bookmark this location View toggle Go to top of document Search in this chapter Search in this section Search in this agency Search in this chapter group Search in this chapter Search in this section Cross references for section Acts affecting this section References to this 1970 Statutes Annotations Appellate Court Citations Administrative Code Index Reference lines Clear highlighting 2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Substances Board Orders filed before and in effect on August 5, 2026. Published and certified under s. 35.18. Changes effective after August 5, 2026, are designated by NOTES. (Published 8-5-26)