Wisconsin Probate Cost Calculator, Free

Q: Is the Wisconsin PR fee really just 2%?

Yes - Wis. Stat. 857.05(2) sets 2% of the inventory value as the statutory rate, subject to court approval. Parties can agree to a different rate in writing, and the court can allow more for extraordinary services, but 2% is the baseline. That makes Wisconsin cheaper than percentage-schedule states like Ohio or Missouri.

Q: How long does probate take in Wisconsin?

Most Wisconsin estates take about 6 to 12 months. Creditors have 3 to 4 months from the court's claims deadline, with first publication within 15 days of that order.

How probate costs work in Wisconsin

Probate in Wisconsin runs through the Circuit Court (Probate Division) in the county where the person lived — Milwaukee, Dane (Madison), Waukesha, Brown (Green Bay), Racine, Kenosha, and the state's 72 counties. Wisconsin draws a sharp line between informal administration (overseen by the county Probate Registrar, no attorney required) and formal administration (which requires a licensed attorney). Most uncontested estates use the informal track, keeping costs down.

Wisconsin's costs are refreshingly simple: a 2% personal representative fee, a 0.2% filing fee, attorney fees if used, and no state estate or inheritance tax.

1. Personal representative fee — 2% by statute

Wis. Stat. § 857.05(2): the personal representative fee is 2% of the inventory value (less mortgages and liens, plus net principal gains), subject to court approval. The decedent (by will) or the interested parties and the PR may agree in writing to a different rate, and the court may allow more for unusual difficulty or extraordinary services.

On a $400,000 estate the fee is about $8,000; on $500,000, $10,000. Family members who are also heirs often waive it, since it is taxable income while an inheritance is not.

2. Attorney fees — just and reasonable, no %

Wisconsin sets no statutory percentage for attorney fees. Under Wis. Stat. § 851.40, they must be "just and reasonable," subject to court review. For informal administration many people use no attorney at all; when one is used, fees are typically hourly or a flat fee. (If the PR is also the attorney, § 857.05(3) lets the court allow one form of compensation, not both for the same work.)

3. Court filing fee — 0.2%, no cap

Wis. Stat. § 814.66(1)(a): the probate filing fee is $20 on estates of $10,000 or less, and 0.2% of the inventory value (two dollars per $1,000) on larger estates — with no statutory cap. On a $500,000 estate that's $1,000; on $1,000,000, $2,000.

4. When probate can be skipped in Wisconsin

Transfer by Affidavit — for solely owned probate property of $50,000 or less, with no attorney and no waiting period (Wis. Stat. § 867.03). It does not apply to real estate.
Summary settlement / summary assignment — for small estates, especially where a surviving spouse or minor children are involved.

A revocable living trust, joint tenancy, marital property agreement, or transfer-on-death designations avoid probate entirely. Note: Wisconsin has no estate tax and no inheritance tax.

Cost component	Wisconsin figure	Source
Personal representative fee	2% of inventory value	§ 857.05
Attorney fee	Just & reasonable (no statutory %)	§ 851.40
Court filing fee	0.2% of inventory (no cap); $20 if ≤$10k	§ 814.66
Small estate limit	$50,000 (Transfer by Affidavit)	§ 867.03
State estate / inheritance tax	None	Wisconsin DOR

Wisconsin probate cost — frequently asked questions

How much does probate cost in Milwaukee / Madison?

The fee rules are statewide. In Milwaukee County, Dane County (Madison), Waukesha or Brown County (Green Bay), a $500,000 informal estate typically costs about $10,000 for the PR fee (2%) plus a $1,000 filing fee (0.2%), plus any attorney fee. Using the informal track without an attorney keeps costs at the low end.

Is the Wisconsin PR fee really just 2%?

Yes — Wis. Stat. § 857.05(2) sets 2% of the inventory value as the statutory rate, subject to court approval. Parties can agree to a different rate in writing, and the court can allow more for extraordinary services, but 2% is the baseline. That makes Wisconsin cheaper than percentage-schedule states like Ohio or Missouri.

Do I need a lawyer for Wisconsin probate?

Not for informal administration, which the county Probate Registrar oversees. Formal administration does require a licensed attorney (Wis. Stat. § 865.03). Since a case can be moved from informal to formal (for example if the will is contested), an attorney can become necessary partway through.

What is the small estate limit in Wisconsin?

$50,000 or less of solely owned probate property qualifies for Transfer by Affidavit (Wis. Stat. § 867.03), with no attorney and no waiting period. Real estate is not covered.

How long does probate take in Wisconsin?

Most Wisconsin estates take about 6–12 months. Creditors have 3 to 4 months from the court's claims deadline, with first publication within 15 days of that order.

This calculator provides an estimate for general guidance only and is not legal or financial advice. The PR fee is 2% of inventory value under Wis. Stat. § 857.05 (parties may agree otherwise; courts may allow more for extraordinary services). Attorney fees are just and reasonable under § 851.40. The filing fee is 0.2% of inventory value under § 814.66, with no cap. Bond and publication costs vary. Confirm current figures with the county Register in Probate or a licensed Wisconsin attorney before acting.