How Much Does Probate Cost in Wisconsin?
Probate on a $500,000 estate in Wisconsin costs an estimated $22,090Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys)Verified Sep 9, 2026View source. Attorney fees run 1.8%Modeled estimate under Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 2.9%Modeled estimate under Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate under a reasonable-compensation standard.
Probate costs in Wisconsin typically include attorney fees of typically 1.8%Modeled estimate under Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 2.9%Modeled estimate under Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate, executor fees, court filing fees, and publication costs. On a $500,000 estate, total costs run about $22,090Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys)Verified Sep 9, 2026View source, roughly 4% of estate value, varying with complexity. Estimate executor compensation separately with the Wisconsin executor fee calculator.
Wisconsin allows estates valued at $50,000small estate: § 867.03Verified Sep 9, 2026View source or less to use the Transfer by Affidavitsmall estate: § 867.03Verified Sep 9, 2026View source, which avoids full probate administration. The Transfer by Affidavit is presented directly to the bank, employer, or other holder of the property — it is not filed with a court. There is no statutory waiting period. Check eligibility with the Wisconsin probate need checker.
In Wisconsin, simple estates typically take 6 months to 9 months, and average estates 9 months to 12 months. Complex estates with disputes, tax issues, or unusual assets take longer. The creditor claim period of 4 monthsWis. Stat. §§ 859.01, 859.02, 859.07, 859.25Verified Oct 19, 2026View source runs from the personal representative's appointment.
Yes. The probate calculator on this page estimates Wisconsin probate attorney fees from the estate value, with attorney fees of typically 1.8%Modeled estimate under Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 2.9%Modeled estimate under Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate. On a $500,000 estate, typical fees run 1.8%Modeled estimate under Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 2.9%Modeled estimate under Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of its value; the percentage runs higher on smaller estates and lower on larger ones. It shows the attorney fee alongside executor fees, court filing fees, and the total probate cost.
Wisconsin sets executor compensation by statute — about $10,000 on a $500,000 estate, roughly 2.0%Wis. Stat. § 857.05(2) (2% commission on inventory value less mortgages and liens plus net principal gains, subject to court approval; a different rate by written agreement; extraordinary services)Verified Sep 9, 2026View source. Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the Wisconsin executor fee calculator.
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New Home
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Learn moreForms for Planning and Settling an Estate in Wisconsin
Free Wisconsin forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Notice to Creditors
In Wisconsin, the notice to creditors is published for 3Wis. Stat. §§ 859.01, 859.02, 859.07, 859.25Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 4 monthsWis. Stat. § 859.01 (3-4 month deadline set by court)Verified Sep 9, 2026View source from the personal representative's appointment to present claims.
Affidavit of Heirship
In Wisconsin, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areWis. Stat. §§ 706.05, 706.06, 706.09(1)(i); WisDOT Form MV2300Verified Sep 24, 2026View source.
Small Estate Affidavit
In Wisconsin, the Transfer by Affidavitsmall estate: § 867.03Verified Sep 9, 2026View source covers estates valued at $50,000small estate: § 867.03Verified Sep 9, 2026View source or less, presented directly to the bank or other holder, not filed with a court.
Estate Inventory
In Wisconsin, the personal representative files the estate inventory within 180 daysWis. Stat. §§ 858.01, 858.13, 858.15, 858.17Verified Sep 15, 2026View source of appointment.
Estate Closing
In Wisconsin, the personal representative is discharged automatically once the statutory period runsWis. Stat. §§ 865.16(2), 865.18, 863.47Verified Sep 15, 2026View source, and a final accounting is required.
IRS Form 1310
Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Wisconsin, a will is signed before 2Wis. Stat. § 853.03Verified Oct 19, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyWis. Stat. § 853.03Verified Oct 19, 2026View source.
Tools for Planning and Settling an Estate in Wisconsin
Free calculators and checklists for planning or settling an estate in Wisconsin: will and trust costs, probate, executor pay, and inheritance taxes.
Who Inherits Without a Will?
Without a will in Wisconsin, a surviving spouse takes the entire estateWis. Stat. § 852.01Verified Oct 21, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesWis. Stat. § 852.01(1)(b); Wis. Stat. § 854.04(1)Verified Oct 21, 2026View source.
What Are the Burial and Cremation Laws in My State?
Wisconsin allows you to name your own agent in advanceWis. Stat. § 154.30(8)Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Wisconsin levies no estate or inheritance taxWis. Stat. § 72.36 (Sunset; 2013 Wis. Act 20) — the ch. 72 estate tax "does not apply to deaths occurring after December 31, 2012, unless the federal estate tax law is modified to provide a federal estate tax credit for state death taxes." Ch. 72 remains on the books as a dormant federal-credit (pickup) tax that computes to $0, not a repealed one. Wisconsin has no inheritance tax for decedents dying on or after January 1, 1992 and no gift tax for gifts made on or after January 1, 1992 (WI DOR, Estates, Trusts, and Fiduciaries common questions).Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Wisconsin imposes no inheritance or estate taxWis. Stat. § 72.36 (Sunset; 2013 Wis. Act 20) — the ch. 72 estate tax "does not apply to deaths occurring after December 31, 2012, unless the federal estate tax law is modified to provide a federal estate tax credit for state death taxes." Ch. 72 remains on the books as a dormant federal-credit (pickup) tax that computes to $0, not a repealed one. Wisconsin has no inheritance tax for decedents dying on or after January 1, 1992 and no gift tax for gifts made on or after January 1, 1992 (WI DOR, Estates, Trusts, and Fiduciaries common questions).Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Wisconsin take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces state tax on the 70% of long-term gain left after a 30% exclusionWis. Stat. § 71.05(6)(b)9 (30% general LTCG exclusion; reaches estates and trusts per § 71.125(1))Verified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Wisconsin costs an estimated $22,090Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys)Verified Sep 9, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 1.8%Modeled estimate under Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source to 2.9%Modeled estimate under Wis. Stat. § 851.40(1) (just and reasonable compensation for services under chs. 851-879, incl. ch. 865 informal administration; no statutory percentage for attorneys): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 9, 2026View source of the estate. Estates under $50,000small estate: § 867.03Verified Sep 9, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Wisconsin sets executor compensation by statute — about $10,000 on a $500,000 estate, roughly 2.0%Wis. Stat. § 857.05(2) (2% commission on inventory value less mortgages and liens plus net principal gains, subject to court approval; a different rate by written agreement; extraordinary services)Verified Sep 9, 2026View source.
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Wisconsin Estate Planning Resources
In-depth guides covering Wisconsin probate laws, trust requirements, and estate planning strategies.