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Executor Compensation Laws in Wisconsin

In Wisconsin, personal representative commissions are 2% of the inventory value of the estate less mortgages and liens, plus net principal gains, subject to court approval.

Last checked . General information, not legal advice.

Wisconsin at a glance

Compensation method
Statutory commission (2%)
A different rate may be agreed in writing; the court may allow more for unusual difficulty or extraordinary services, or reduce fees for dereliction.
Statutory fee schedule
2% of inventory value less mortgages and liens, plus net gains
Percentage schedule in statute
Yes

Sources

Last checked

The rules in Wisconsin

How is an executor paid in Wisconsin?

Compensation method in Wisconsin: Statutory commission (2%). A different rate may be agreed in writing; the court may allow more for unusual difficulty or extraordinary services, or reduce fees for dereliction.

What percentage can an executor charge in Wisconsin?

Statutory fee schedule in Wisconsin: 2% of inventory value less mortgages and liens, plus net gains.

Does Wisconsin law set executor fees by a percentage schedule?

Yes. Percentage schedule in statute in Wisconsin: yes.

Where do the Wisconsin executor compensation laws come from?

The rules above come from Wis. Stat. 857.05. Each source is linked on this page. We last checked them in October 2026.

Good to know

If the personal representative also serves as the estate's attorney, the court may allow either commissions or attorney fees, or both, and must allow both if the will authorizes it.

What this means in practice

A will can usually address executor pay directly, for example by setting a flat fee, a percentage, or stating that the executor serves without pay. Where the will is silent, the state's default rule applies. An executor can also choose to waive compensation, which some family members do because fees are generally taxable income while inheritances generally are not.

Executor compensation is separate from reimbursement of expenses and from fees paid to the estate's attorney, accountant, or other professionals. Keeping a written log of hours, tasks, and costs helps support a fee request and answers questions from heirs or the court.

Heirs and beneficiaries who believe a fee is too high can usually object in the probate proceeding, and courts can reduce, deny, or increase compensation in some circumstances. Rules on timing, court approval, and extraordinary services differ, so the statute for the state where the estate is probated is the starting point.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.