How the Wyoming personal representative fee actually works
A genuine tiered schedule — and it pays the attorney too, unless one person holds both roles.
1. The four-tier schedule
W.S. § 2-7-803(a): "The fees shall be computed on the basis of the amount of the decedent's probate estate accounted for as follows: (i) For the first one thousand dollars ($1,000.00) of the basis, ten percent (10%); (ii) For all sums over one thousand dollars ($1,000.00) but not exceeding five thousand dollars ($5,000.00) of the basis, five percent (5%); (iii) For all sums over five thousand dollars ($5,000.00) but not exceeding twenty thousand dollars ($20,000.00) of the basis, three percent (3%); (iv) For all sums over twenty thousand dollars ($20,000.00) of the basis, two percent (2%)." The court shall allow this fee unless the personal representative files a written waiver.
2. The attorney gets the identical schedule
W.S. § 2-7-804: the estate's attorney is entitled to fees for ordinary services computed on the same four-tier schedule as the personal representative — a separate statutory award, not a share of the personal representative's fee. Subsection (d) expressly allows the personal representative and the attorney to negotiate lower fees than the schedule.
3. One person, two roles: only one fee
§ 2-7-805(c): "Where one (1) person, or a partner or employee of the same professional corporation as that person, serves both as personal representative and as attorney for the estate, no fee shall be allowed as to the estate for ordinary services of a personal representative." Only the attorney fee is paid in that scenario — not both.
4. No payment without a court order
§ 2-7-805(a): "No fees shall be paid to the personal representative or the attorney for the estate except upon order of the court." A written, verified application is required, itemized for extraordinary services; even an order entered ex parte stays open to objection at the final accounting hearing.
5. Extraordinary services, and equitable adjustment
§ 2-7-803(a) & (b): if the schedule's result isn't equitable given the time, effort, and responsibility actually involved, the court may allow an additional fee. Separately, extraordinary services — tax matters, litigation involving the estate — may be compensated further, beyond the ordinary-services schedule.
| Probate estate tier | Rate |
|---|---|
| First $1,000 | 10% |
| $1,000 – $5,000 | 5% |
| $5,000 – $20,000 | 3% |
| Above $20,000 | 2% |