The Estate Planning Guide Est. 2026

How Much Does an Executor Get Paid in Wyoming?

By The Estate Planning Guide Editorial Team Researched against primary sources

Published June 11, 2026 Updated September 21, 2026 10 min read

Quick answer

Wyoming uses a statutory percentage schedule for personal-representative fees under Wyo. Stat. §2-7-803: 10% of the first $1,000, 5% of the next $4,000, 3% of the next $15,000, and 2% of everything above $20,000 — so a $400,000 estate yields about $8,350. The estate's attorney is entitled to the same schedule separately, and family members who serve often waive the fee because it is taxable income.

⚠️ Educational information only — not legal, tax, or financial advice.

The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Wyoming with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.

What an executor gets paid in Wyoming

Wyo. Stat. §2-7-803 sets the personal representative's fee on the value of the estate accounted for: 10% of the first $1,000; 5% of the amount over $1,000 up to $5,000; 3% of the amount over $5,000 up to $20,000; and 2% of all sums over $20,000. The court allows the fee for ordinary services unless the representative files a written waiver.

The executor (in some states called the personal representative) is the person who settles the estate — gathering assets, paying debts and taxes, and distributing what’s left. The fee is their compensation for that work, paid out of the estate before the beneficiaries receive their shares.

A Wyoming example

On a $400,000 Wyoming estate the statutory fee is about $8,350 ($100 + $200 + $450 + 2% of $380,000 = $7,600). On a $500,000 estate it is about $10,350. Wyo. Stat. §2-7-804 gives the estate's attorney the same schedule, so statutory fees alone can roughly double.

Is this a maximum, a minimum, or the fee itself?

In Wyoming, the figures below are the commission itself — what the cited section directs be allowed, neither a cap nor a floor.

§2-7-803(a): "The court shall allow the personal representative fees for ordinary services rendered to the estate" on the 10% / 5% / 3% / 2% schedule, and §2-7-804 applies the same schedule to the attorney for the estate. The percentages are the fee the court allows, not a cap and not a floor. Two limits sit beside it: §2-7-805(c) bars the ordinary personal-representative fee where the same person also serves as the estate's attorney, and §2-7-804(d) lets the personal representative and the attorney agree on lower fees. Wyoming's own statute site serves Title 2 only through a JavaScript viewer that returns no plain text, so the section was read at Justia's reproduction of it. Read at the source on 2026-09-21.

Statutory vs. “reasonable” — how Wyoming decides

The court may allow further 'just and reasonable' fees for extraordinary services — such as tax matters or litigation — under Wyo. Stat. §2-7-803, and the representative and attorney may agree to lower fees.

States divide on this: some set the commission by statutory percentage, some cap it, some set a statutory minimum the court adds to, and some set no figure and leave it to the court. Which one Wyoming is, and what the section actually says, is set out in the section above.

How the fee is taxed in Wyoming

An executor’s commission is taxable income to the person who receives it, reported as compensation for services. An inheritance is not taxed as income to the beneficiary. (IRS Publication 559.)

This distinction has a documented consequence where the executor is also a beneficiary: the same dollars reach that person either way, but the commission is subject to income tax and the inherited share is not. The commission is also deductible to the estate, while a distribution to a beneficiary is not — so the net effect depends on the estate’s tax position as well as the individual’s.

Other documented factors:

  • Where the executor is not a beneficiary, waiving the commission does not redirect the money to them.
  • Wyoming courts can approve additional compensation for extraordinary work — a contested estate, a business wind-down, a property sale.
  • The commission is a maximum entitlement, not a requirement. An executor may take less, or waive it entirely.

What the fee does and doesn’t cover

The commission compensates the executor for ordinary administration. Two things to keep separate:

  • The attorney’s fee is separate. The estate’s lawyer is paid on top of the executor’s commission — and in some states (California is the clearest example) the attorney is entitled to the same statutory amount as the executor, effectively doubling the statutory cost.
  • Extraordinary work can be billed extra. Selling real estate, running a business, handling litigation or a tax audit — Wyoming courts can approve additional compensation for work beyond routine administration.

Executor fees vs. total probate cost in Wyoming

The executor’s fee is only one line on the probate bill. Court costs, the attorney’s fee, appraisals, bonds, and publication all add up on top of it. To see the full picture for Wyoming, read How Much Does Probate Cost in Wyoming?.

And remember: assets that avoid probate entirely — through a funded living trust, beneficiary designations, or joint ownership — generally pay no executor commission at all, because they never pass through the estate the executor administers.

What the record shows

Item Wyoming
Basis for compensation statutory
Are the figures a max, a min, or the fee? the commission itself
Governing statutes Wyo. Stat. §2-7-803 (fees of personal representative; schedule); Wyo. Stat. §2-7-804 (fees of attorney for estate); Wyo. Stat. §2-7-805 (allowance and payment of fees)
State authority Wyoming Legislature / Wyoming Statutes (wyoleg.gov)

The commission compensates ordinary administration and is separate from the estate attorney’s fee. It is taxable income to the executor; an inherited share is not. Extraordinary services can be separately compensated on court approval. Assets that pass outside probate — by funded trust, beneficiary designation, or joint ownership with survivorship — are not part of the estate the commission is calculated on.

Frequently asked questions about Wyoming executor fees

How much should an executor be paid for handling a will in Wyoming?

Wyoming uses a statutory percentage schedule for personal-representative fees under Wyo. Stat. §2-7-803: 10% of the first $1,000, 5% of the next $4,000, 3% of the next $15,000, and 2% of everything above $20,000 — so a $400,000 estate yields about $8,350. The estate's attorney is entitled to the same schedule separately, and family members who serve often waive the fee because it is taxable income.

What does Wyoming consider a reasonable — or excessive — executor fee?

Either way, the test is whether the fee is in proportion to the work. Where the fee is set by a statutory schedule, that scheduled amount is treated as reasonable for ordinary administration, and anything above it (for extraordinary work like selling real estate or running a business) has to be justified to the court. Where the standard is “reasonable compensation” with no fixed percentage, the court decides what fits the actual work — so a commission out of proportion to the effort can be questioned by the beneficiaries and reduced. The court may allow further 'just and reasonable' fees for extraordinary services — such as tax matters or litigation — under Wyo. Stat. §2-7-803, and the representative and attorney may agree to lower fees.

Do executors of a trust get paid in Wyoming?

Watch the terms: a will has an executor, while a living trust has a trustee — different roles with different rules. A successor trustee who settles a trust is also entitled to reasonable compensation in Wyoming, but that’s governed by the trust document and state trust law, not the executor-fee rule on this page. If the trust names a fee, that controls; otherwise “reasonable compensation” applies. Like executors, many family trustees waive the fee when they’re also the main beneficiary. See Trustee vs. Executor.

Are executor fees taxable in Wyoming?

Yes. An executor’s commission is taxable income to whoever receives it (reported on their federal return, and on their state return where Wyoming taxes income). An inheritance, by contrast, is not taxed as income. That gap is exactly why an executor who is also a main beneficiary often waives the fee — the same dollars arrive either way, but the fee is taxed and the inheritance isn’t.

Can an executor in Wyoming waive the fee?

Yes. Taking the commission is a choice, not an obligation — an executor can decline it entirely or take less than the maximum. Where the executor is also a beneficiary, the commission is taxable income and the inheritance generally is not, which is the difference the paragraph above sets out.

When is the executor’s fee paid?

The commission is paid out of the estate during administration — after debts and taxes, before the remaining assets are distributed to the beneficiaries — and generally has to be approved as part of settling the estate. It is not paid upfront.

Executor fees in other states

Compare Wyoming with what executors are paid in other states:

This page explains executor (personal representative) compensation in Wyoming in general terms as of 2026. It is not legal or tax advice; fee rules, statutes, and figures change and depend on your situation. Confirm current rules with a licensed Wyoming attorney, and ask a tax professional before waiving or accepting a fee. Sources: Wyoming Legislature / Wyoming Statutes (wyoleg.gov); Wyo. Stat. §2-7-803 (fees of personal representative; schedule), Wyo. Stat. §2-7-804 (fees of attorney for estate), Wyo. Stat. §2-7-805 (allowance and payment of fees).

Related guides