Quick answer: Wisconsin attorney fees are not set by a statutory percentage. Under Wis. Stat. § 851.40 they must be just and reasonable, court-reviewed. The bigger question in Wisconsin is whether you need an attorney at all — and that depends on the track.
Informal vs formal — the key distinction
Informal administration — no attorney required
Most uncontested Wisconsin estates use informal administration, overseen by the county Probate Registrar rather than a judge. You can do it without an attorney, which is the single biggest cost saving in Wisconsin probate.
Formal administration — attorney required
What Wisconsin probate attorneys charge
When an attorney is used, fees are hourly (commonly $250–$400/hour in Milwaukee and Madison) or a flat fee for a routine estate — often a few thousand dollars. There is no percentage schedule, and the court can review a fee for reasonableness. If the personal representative is also the attorney, § 857.05(3) lets the court allow one form of compensation, not both for the same work.
How to keep Wisconsin probate attorney fees down
- Use informal administration and, if the estate is simple, do it without an attorney.
- Check Transfer by Affidavit first ($50,000 or less) — no attorney, no court administration.
- Ask for a flat fee if you do hire an attorney for an informal estate.
- Plan with a trust — a revocable living trust avoids Wisconsin probate entirely.
Attorney fees are only one piece. See the full picture in the Wisconsin probate cost breakdown, or estimate your total with the Wisconsin probate cost calculator.
A local probate attorney can review your estate — many offer a free consultation.