Wisconsin Petition for Transfer of Residue (Ancillary Administration) is a legal document used in Wisconsin probate proceedings. The petition is used to request the transfer of a decedent's assets and liabilities to the proper party or parties. The petition is typically filed by an Executor or Administrator of the estate. Depending on the size and complexity of the estate, the petition may include multiple parties or entities. The petition will also list the assets and liabilities that are to be transferred. The Petition for Transfer of Residue (Ancillary Administration) is typically filed in the county court or circuit court in the county where the decedent resided at the time of death. The court will review the petition and determine whether the transfer of assets and liabilities is in the best interests of the estate. If approved, the court will issue an order authorizing the transfer. There are several types of Wisconsin Petition for Transfer of Residue (Ancillary Administration). These include a Petition for Full Administration, Petition for Ancillary Administration, Petition for Partial Distribution, Petition for Final Distribution, and Petition for Transfer of Residue. Each of these petitions is used for different purposes and have different requirements.
Wisconsin Petition for Transfer of Residue (Ancillary Administration)
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An Ancillary Proceeding is a court-supervised proceeding used to transfer assets located within the State of Wisconsin when a decedent's probate has been filed in a state other than the State of Wisconsin. Forms can be obtained from Wisconsin Courts - Probate Forms.
Pursuant to sub. (5), a certiorari action may be commenced in three ways: 1) under sub. (1) by summons and complaint; 2) by service of an appropriate writ; or 3) by filing a complaint and serving it along with an order, in lieu of a summons, upon the defendant.
A Writ of Restitution orders the Sheriff or his designee to remove the defendant from the premises so that the rightful owner may have possession of the same and to satisfy the judgment for costs. The Writ is valid for 30 days after issuance.
Writs of Certiorari The Court usually is not under any obligation to hear these cases, and it usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value.
A writ of certiorari is a type of legal appeal (a challenge to a case's decision), but it's an appeal on only a specific issue or set of issues in a case. A Supreme Court writ of certiorari is the official way the Court declares it will hear a case and what specific legal issues of the case the Court will consider.
A decision to deny certiorari does not necessarily imply that the higher court agrees with the lower court's ruling; instead, it simply means that fewer than four justices determined that the circumstances of the decision of the lower court warrant a review by the Supreme Court.