Wisconsin estate administration

Wisconsin probate: rules, process, costs, executor fees and deadlines

Small-estate limit: $50,000

In Wisconsin, estates up to $50,000 can use the small-estate route; executors take a 2% commission (Wis. Stat. § 857.05); and the court sets a claim deadline three to four months after its order. Wisconsin has separate transfer-by-affidavit, summary-settlement, and summary-assignment procedures. The calculator screens the $50,000 gross-value affidavit; the court's summary-settlement test is described separately.

Sources reviewed August 9, 2026. Sources rechecked October 3, 2026. This page last revised .

Answer first

Wisconsin simplified probate route

Up to $50,000; waiting period not verified. Source: Wis. Stat. § 867.03.

Transfer by affidavit

Wisconsin probate fees fixed by statute, by estate size

Wisconsin fixes two probate charges statewide: the Circuit Court filing charge (Wis. Stat. § 814.66(1)(a)2) and the commission (Wis. Stat. § 857.05, subject to court approval, unless a written agreement sets another rate). Together, at three estate sizes:

Wisconsin: filing charge plus commission
EstateFilingCommissionTogetherShare of estate
$50,000$100$1,000$1,1002.20%
$250,000$500$5,000$5,5002.20%
$750,000$1,500$15,000$16,5002.20%

Commission worked on the inventory value of the property for which the personal representative is accountable less any mortgages or liens plus net principal gains, taken as the estate size; lawyer, bond, notice and appraisal costs are extra. Each side in detail: Wisconsin probate filing cost and Wisconsin executor fee calculator.

Screen a specific Wisconsin estate with the calculators on the small-estate page and the executor-fee page, or compare states in the full estate navigator.

What the reviewed rules establish

Court cost

Tiered

2 published schedules, itemised on the filing-cost page.

Filing-cost detail

Executor compensation

Statutory schedule

A statutory percentage schedule applies. Source: Wis. Stat. § 857.05.

Compensation detail

Wisconsin decision map

The four facts that change the Wisconsin route

Each Wisconsin answer below links to the page that sets out its source.

Wisconsin estate administration decision map
QuestionRecorded Wisconsin answer
What route is being screened?Transfer by affidavit
What property and basis count?probate property within the rule's stated scope; gross value for this route.
What is the amount screen?$50,000
What is the time or deadline record?No waiting-period number verified; creditor deadlines: separate clocks by triggering event
What does the cost record establish?2 published schedules; the proceeding and value basis control the total.
What does compensation use?Statutory percentage schedule, measured on the estate accounting.

Limits and unresolved costs

  • A new filing-fee schedule takes effect on November 1, 2026. The fees shown are the ones in force before that date, so check the new schedule if you file on or after November 1, 2026.
  • Section 867.03's 30-day hold applies only in some cases, so it is not shown as a waiting period that runs from death for every estate.

What Wisconsin courts publish

Each link goes to the court’s own page and is checked before every release.

Limits on court material

  • Wisconsin publishes statewide probate forms, including PR-1831 for the affidavit track.
  • Probate jurisdiction is in Circuit Court; use the statewide circuit-court directory for county contact details.

Wisconsin primary sources

Each rule on the Wisconsin pages comes from one of these 6 sources; the citation opens the publisher’s own text. All were last rechecked October 3, 2026.

  1. Simplified-procedure rule

    Wis. Stat. § 867.03, Wisconsin Statutes, Transfer by Affidavit.

    Wisconsin Legislative Reference Bureau · 2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Substances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective after October 1, 2026, are designated by NOTES. (Published 10-1-26)

  2. Simplified-procedure rule

    Wis. Stat. § 867.01, Wisconsin Statutes, Summary Settlement of Small Estates.

    Wisconsin Legislative Reference Bureau · 2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Substances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective after October 1, 2026, are designated by NOTES. (Published 10-1-26)

  3. Court cost rule

    Wis. Stat. § 814.66(1)(a)2, Wisconsin Statutes, Fees of Register in Probate.

    Wisconsin Legislative Reference Bureau · 2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Substances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective after October 1, 2026, are designated by NOTES. (Published 10-1-26)

  4. Executor compensation rule

    Wis. Stat. § 857.05, Wisconsin Statutes, Personal Representative Expenses and Services.

    Wisconsin Legislative Reference Bureau · 2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Substances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective after October 1, 2026, are designated by NOTES. (Published 10-1-26)

  5. Creditor deadline rule

    Wis. Stat. §§ 859.01-.02, Wisconsin Statutes, Time for Filing Claims.

    Wisconsin Legislative Reference Bureau · 2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Substances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective after October 1, 2026, are designated by NOTES. (Published 10-1-26)

  6. Creditor deadline rule

    Wis. Stat. § 859.48, Wisconsin Statutes, Claims of Creditors Without Notice.

    Wisconsin Legislative Reference Bureau · 2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Substances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective after October 1, 2026, are designated by NOTES. (Published 10-1-26)

Sources rechecked October 3, 2026: Wisconsin source list · how sources are checked · report a correction