Wisconsin Real Estate Sale: Costs & Commission Explained

One flat rate, a small separate filing fee, and room for the family to agree on something different in writing — Wisconsin keeps this part refreshingly simple.

Wis. Stat. §857.05

Quick answer: the ordinary 5-6% realtor commission applies as usual. The personal representative's own pay is a flat 2% of the inventory value, court-approved — simpler than most states' tiered schedules, and changeable by written agreement. See how this plays out for your own numbers in the Wisconsin probate real estate sale calculator.

A flat rate the family can actually renegotiate

Worth knowing: per Wis. Stat. §857.05, the standard rate is 2% of the value of the property administered, net of mortgages or liens, plus net principal gains — but the decedent and PR, or those receiving the majority interest and the PR, can agree in writing to a different rate instead. Extraordinary services or unusual difficulty can justify additional compensation, at the court's discretion.

Attorney fees: separate, but can combine with the commission

If the PR is also an attorney (or affiliated with the firm representing the estate), the court decides whether to allow the executor's commission, attorney fees, or both — and must allow both if the will specifically authorizes it.

The inventory filing fee

Separate from the PR's own commission, Wisconsin charges an inventory filing fee typically around 0.2% of net inventory value, with a minimum charge (commonly cited around $20), paid to the Register in Probate when the General Inventory is filed.

A worked example

ItemOn a $260,000 sale, illustrative
Realtor commission (6%)$15,600
PR commission (flat 2%)$5,200
Inventory filing fee (0.2%, illustrative)≈ $520

Illustrative. Confirm the current inventory fee schedule with the county Register in Probate.

Facing probate in Wisconsin?

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The 2% commission rate and the inventory fee percentage apply the same way in Milwaukee, Dane, Waukesha, and Brown County — local Register in Probate offices set only the exact filing logistics.

Sale costs and commission — frequently asked questions

Can the 2% Wisconsin PR commission be changed by agreement?

Yes — the decedent and personal representative, or the persons who receive the majority interest in the estate and the personal representative, can agree in writing to a different rate than the statutory 2%.

Can a Wisconsin personal representative get both a commission and attorney fees if they're also the attorney?

The court may allow either the executor's commission or attorney fees, or both — and shall allow both if the decedent's will authorizes the payments to be made.

What is Wisconsin's inventory filing fee, separate from the PR commission?

Typically 0.2% of the net inventory value, with a minimum charge (commonly cited around $20), paid when the General Inventory is filed with the Register in Probate.

Who pays the realtor commission on a Wisconsin probate house sale?

The estate does, the same as any ordinary sale — typically 5% to 6% of the price, separate from and in addition to the personal representative's own 2% statutory commission.

What does it cost to sell real estate during probate in Wisconsin?

The ordinary 5-6% realtor commission applies as usual. The personal representative's own pay is a flat 2% of the inventory value, court-approved — simpler than most states' tiered schedules, and changeable by written agreement.

This page provides general guidance only and is not legal, tax, or financial advice. Based on Wis. Stat. §857.05. Confirm current figures with the Register in Probate or a licensed Wisconsin attorney before acting.