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 Wisconsin with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.
This page is built to print. Use your browser's Print command and choose "Save as PDF" for a one-page Wisconsin reference. Every figure below is compiled from the statutes and state authorities listed at the bottom — the same sources cited on our Wisconsin probate pages.
Wisconsin probate fees
| Item | Wisconsin |
|---|---|
| Court filing fee | Register-in-probate fee under Wis. Stat. §814.66(1)(a)2: a fee of $20 if the value of the property subject to administration, less encumbrances, liens or charges, is $10,000 or less, and 0.2 percent of that value if it is more. On a $300,000 estate this is about $600. Scheduled change — effective 2026-11-01, 2025 Wis. Act 179 amends §814.66(1)(a)2 to read "$18,500 or less, a fee of $36"; the 0.2 percent rate above the threshold is unchanged. The figures above are the fee in force through 2026-10-31. |
| Attorney fees | Not statutory. Attorneys charge a flat fee or hourly, and the fee must be reasonable. |
| Executor / personal representative fees | Wisconsin allows the personal representative a statutory commission of 2% of the inventory value (less liens) plus net principal gains under Wis. Stat. §857.05(2), or a rate agreed in writing. Family personal representatives often waive it. |
| Fee basis | statutory |
| Appraisal / referee | Not used. Wisconsin does not appoint a state appraiser; the personal representative files an inventory, and some assets may require a private appraisal. |
Worked example
On a $400,000 Wisconsin estate the default statutory fee is $8,000 (2% of $400,000); on a $500,000 estate it is $10,000. If the estate carries a $150,000 mortgage against a home, that lien is subtracted first, lowering the base the 2% is applied to.
Wisconsin thresholds and deadlines
| Item | Wisconsin |
|---|---|
| Small-estate threshold | Solely owned property worth $50,000 or less can pass without probate using a Transfer by Affidavit under Wis. Stat. §867.03; summary settlement and summary assignment procedures also exist for modest estates. |
| Creditor claim period | The court, or the probate registrar in informal administration, sets the claim deadline by order when the application for administration is filed; that date must be not less than 3 nor more than 4 months from the date of the order (Wis. Stat. §859.01). A claim not filed on or before that date is barred (§859.02(1)), except for the classes §859.02(2)(a) lists — among them claims based on tort, on Wisconsin income, franchise, sales, withholding, gift or death taxes, or on unemployment insurance contributions or overpaid benefits; claims for funeral or administrative expenses; and claims of the United States. |
| Statutory floor (creditor period) | The court, or the probate registrar in informal administration, sets the claim deadline by order when the application for administration is filed; that date must be not less than 3 nor more than 4 months from the date of the order (Wis. Stat. §859.01). A claim not filed on or before that date is barred (§859.02(1)), except for the classes §859.02(2)(a) lists — among them claims based on tort, on Wisconsin income, franchise, sales, withholding, gift or death taxes, or on unemployment insurance contributions or overpaid benefits; claims for funeral or administrative expenses; and claims of the United States. |
| Simplified real-property transfer | Real estate can pass outside probate via a §705.15 TOD deed, or through summary assignment for small estates. |
| Transfer-on-death deed | Wisconsin allows a nonprobate transfer of real property on death (TOD deed) under Wis. Stat. §705.15. Owners can record a TOD deed naming a beneficiary; the property passes to the beneficiary at death without probate. |
What passes outside Wisconsin probate
These transfers are not part of the estate the fees above are calculated on:
- Beneficiary designations — retirement accounts, life insurance, payable-on-death accounts.
- Joint ownership with right of survivorship.
- Transfer-on-death deed — Wisconsin allows a nonprobate transfer of real property on death (TOD deed) under Wis. Stat. §705.15. Owners can record a TOD deed naming a beneficiary; the property passes to the beneficiary at death without probate.
- Assets titled into a funded living trust.
Sources for this sheet
- Statutes: Wis. Stat. §857.05; Wis. Stat. §814.66; Wis. Stat. §867.03; Wis. Stat. §859.01; Wis. Stat. §705.15; Wis. Stat. ch. 865
- State authority: Wisconsin State Legislature (docs.legis.wisconsin.gov)
- Court filing fees: https://docs.legis.wisconsin.gov/statutes/statutes/814/ii/66/1/a/2
- courtFilingScheduledChange: https://docs.legis.wisconsin.gov/2025/related/acts/179
- Small-estate procedure: https://docs.legis.wisconsin.gov/statutes/statutes/867/03
- Creditor claim period: https://docs.legis.wisconsin.gov/document/statutes/859.01
Compiled August 15, 2026 from the sources listed above. Fee schedules, thresholds, and court costs are amended by legislatures and courts — confirm each figure against the cited statute or the Wisconsin court before relying on it.
The full Wisconsin guides
- How Much Does Probate Cost in Wisconsin? — the full cost breakdown.
- How Much Does an Executor Get Paid in Wisconsin? — the fee rule in detail.
- How Long Does Probate Take in Wisconsin? — the timeline and its statutory floor.
- Executor Deadlines in Wisconsin — inventory deadline, creditor-claim period and outer bar, each quoted from the statute.
- How to Avoid Probate in Wisconsin — the transfers that pass outside it.
- How Much Does a Will Cost in Wisconsin? — execution requirements and pricing.
Fee sheets for other states
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This sheet sets out Wisconsin probate figures as published at the time of compilation. It is not legal advice. Figures and statutes change and their application depends on the specific estate. Confirm current figures with the Wisconsin courts or a licensed Wisconsin attorney.