No. In Wisconsin, a Personal Representative does not own the decedent’s probate assets; the estate itself is the legal successor to the decedent’s property during administration. The Personal Representative holds and manages estate assets only in a fiduciary capacity under Wisconsin Statutes Chapter 857. Because the Personal Representative is not the owner, they must keep estate assets separate from personal funds, cannot use estate property for personal benefit, and must account for all assets; misuse can lead to removal and personal liability. Beneficiaries do not become owners of specific assets until administration is complete and the Personal Representative makes proper distributions, at which point legal title transfers to them.
If you would like to discuss this matter more thoroughly, please reach out to our Madison Wisconsin Estate Planning attorneys. We are here to help!