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Wyoming's Double Statutory Fee, Explained

Most states set attorney compensation by a bare reasonableness standard. Wyoming hands the attorney the exact same tiered percentage schedule as the executor.

Wyo. Stat. § 2-7-803, 2-7-804, 2-7-805

By the FigureMyTax Editorial Team · How we calculate

Quick answer: Wyoming's personal representative fee follows a real tiered schedule — 10% of the first $1,000, 5% to $5,000, 3% to $20,000, 2% above that. The attorney is entitled to the identical schedule, meaning a Wyoming estate can face two full statutory fee awards — unless the same person serves both roles. See how this affects your own estimate in the Wyoming probate timeline calculator.

The tiered schedule, worked through

BracketRateAmount on a $345,000 estate
First $1,00010%$100
Next $4,000 ($1,000–$5,000)5%$200
Next $15,000 ($5,000–$20,000)3%$450
Everything above $20,000 ($325,000)2%$6,500
Total, per fee$7,250

Why the attorney gets the same schedule

Worth understanding clearly: under Wyo. Stat. § 2-7-804, the estate's attorney is entitled to the same four-tier percentage schedule as the personal representative, computed on the same basis. That's genuinely unusual: most states set attorney compensation under a separate "reasonable fee" standard, not a mirrored statutory percentage. On the $345,000 example above, that means a potential $14,500 combined fee award — $7,250 to each — before court costs and publication.

The one-person exception

If the same person serves as both personal representative and attorney — common when a family member who happens to be an attorney takes on the role — § 2-7-805(c) bars the ordinary personal representative fee entirely. Only one fee is paid in that case, not both, closing off the possibility of collecting twice for overlapping work.

Facing probate in Wyoming?

A local probate attorney can review your estate — many offer a free consultation.

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The double statutory fee — frequently asked questions

Why does Wyoming give the attorney the same fee schedule as the personal representative?

Wyo. Stat. Section 2-7-804 sets the attorney's compensation by statute, mirroring the personal representative's schedule under Section 2-7-803 — a genuinely unusual approach, since most states set attorney fees under a separate reasonable-compensation standard instead.

How does the Wyoming statutory fee schedule actually calculate out?

It stacks by bracket: 10% of the first $1,000, 5% of the next amount up to $5,000, 3% up to $20,000, and 2% of everything above $20,000, computed on the probate estate's value.

Does a Wyoming estate always pay two full statutory fees?

No — only when the personal representative and the attorney are different people. If the same person serves both roles, Section 2-7-805(c) bars the ordinary personal representative fee entirely, so only one fee is paid.

Can a family avoid paying two full fees in Wyoming?

One option is having the same person serve as both personal representative and attorney, which triggers the Section 2-7-805(c) bar on the separate personal representative fee — though this isn't always practical or appropriate for a given estate.

Keep going

Wyoming Probate Timeline CalculatorYour estimate, based on your answers Wyoming Probate DeadlinesEvery statutory date, with citations What Delays Probate in WyomingBeyond the statutory floor Wyoming Probate vs Living TrustWould a trust have avoided this?

Estimate for general guidance only, not legal advice. Based on Wyo. Stat. § 2-7-803, 2-7-804, 2-7-805. The exact fees for a specific estate depend on its own facts. Consult a licensed Wyoming attorney before proceeding.