(1) (a) Except as provided in par. (b) or unless other- wise specifically provided in any action or proceeding prosecuted or defended in any court in this state by a personal representative, guardian ad litem, trustee of an express trust, general guardian or person expressly authorized by statute, costs may be recovered as in an action by or against a person prosecuting or defending in the person’s own right. (b) Except in cases in which the plaintiff or defendant is guilty of mismanagement or bad faith in the action, proceeding, or defense of the action, costs recovered under par. (a) shall be chargeable only upon or collected from the estate, fund, or party represented. In cases in which the plaintiff or defendant is guilty of mismanagement or bad faith in the action, proceeding, or defense of the action, the court shall direct that the costs recovered under par. (a) shall be paid by the plaintiff or defendant personally.
814.14.Fiduciary; liability for costs limited; bond premium.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 2001 · Last verified July 15, 2026
In one sentenceSection 814.14 lets a personal representative, guardian, or trustee recover costs as though suing or defending personally, generally limits collection to the estate represented unless the fiduciary acted in bad faith, and lets the fiduciary recover a capped share of a surety bond premium.
Full Text of Section 814.14
(2) In addition to other costs, all actions or proceedings in which any fiduciary may be entitled to recover costs, the fiduciary may recover any sum that the fiduciary paid to a company, authorized by the laws of this state to act as the fiduciary’s surety, for becoming the fiduciary’s surety upon any bond or other obligation given by the fiduciary in the fiduciary’s representative capacity in the action or proceeding pursuant to law or the order of any court, as may be allowed by the court in which the fiduciary accounts, not exceeding the lesser of 2 percent per year on the amount secured by the obligation or the actual amount paid to the company.
Plain-English Summary
Section 814.14 addresses costs in cases prosecuted or defended by someone acting for another — a personal representative, guardian ad litem, trustee of an express trust, general guardian, or a person a statute specifically authorizes to act. Subsection (1)(a) lets that fiduciary recover costs the same way an individual litigant would in their own case.
Subsection (1)(b) then limits who pays or collects those costs. Ordinarily, costs recovered under paragraph (a) are chargeable only to, or collected from, the estate, fund, or party the fiduciary represents — not the fiduciary personally. But if the fiduciary is guilty of mismanagement or bad faith in the action, that protection falls away: the court must direct that the costs be paid by the fiduciary personally rather than out of the estate or fund.
Subsection (2) covers a different expense: the premium a fiduciary pays to a state-authorized surety company for a bond given in the fiduciary’s representative capacity. In addition to other costs, the fiduciary may recover that premium in the action or proceeding, as the court in which the fiduciary accounts may allow, but the amount is capped at the lesser of two percent per year on the bonded amount or the actual amount the fiduciary paid the surety company.
Frequently Asked Questions
Can a guardian or trustee recover costs the same way an individual party would?
Yes. Section 814.14(1)(a) lets a personal representative, guardian ad litem, trustee of an express trust, general guardian, or a person specifically authorized by statute recover costs as if prosecuting or defending in their own right.
Is a fiduciary personally on the hook for costs awarded against the estate they represent?
Generally no. Section 814.14(1)(b) makes those costs chargeable only to the estate, fund, or party represented — unless the fiduciary is guilty of mismanagement or bad faith, in which case the court directs the fiduciary to pay personally.
What happens to a fiduciary’s cost liability if they mismanaged the case or acted in bad faith?
Section 814.14(1)(b) requires the court to direct that costs be paid by the fiduciary personally in that situation, rather than charging them to the estate or fund.
Can a fiduciary recover what they paid for a surety bond premium?
Yes, in addition to other costs. Section 814.14(2) allows recovery of the premium paid to an authorized surety company, subject to court approval, but caps the amount at the lesser of two percent per year on the secured sum or the actual premium paid.
Does section 814.14 apply to anyone acting on someone else’s behalf, or only certain roles?
It lists specific roles: a personal representative, guardian ad litem, trustee of an express trust, general guardian, or a person a statute expressly authorizes to act, rather than covering every kind of representative capacity.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 761 (1975); Stats. 1975 s. 814.14; 1979 c. 110 s. 60 (13); 1993 a. 486; 2001 a. 102.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: wisconsin fiduciary liability for costsguardian recover costs on behalf of wardsurety bond premium recovery wisconsin814.14 mismanagement bad faith costspersonal representative costs wisconsin lawsuit