814.66.Fees of register in probate.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 2025 · Last verified July 15, 2026
Full Text of Section 814.66
Official Notes
NOTE: Subd. 2. is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: 2. For filing a petition whereby any proceeding in estates of deceased persons is commenced, if the value of the property subject to administration, less encumbrances, liens or charges, is $10,000 or less, a fee of $20 and, if more than $10,000, a fee of 0.2 percent of the value of the property subject to administration, less encumbrances, liens or charges. The register in probate may not base a fee under this subdivision upon the value of property that is not subject to administration. 3. The fees shall be paid at the time of the filing of the inventory or other documents setting forth the net value of the property subject to administration in the proceedings, and shall apply to inventories filed in testamentary trusts. The fees fixed in this paragraph shall also be paid in survivorship proceedings, and in the survivorship proceedings the value shall be based on the value of the property passing to the survivors. (b) 2. For filing a petition for guardianship of the estate under ch. 54 or an application for conservatorship under s. 54.76, if the value of the property, less encumbrances, liens, or charges, is the amount specified under s. 867.03 (1g) (intro.) or less, a fee of $36 and, if more than the amount specified under s. 867.03 (1g) (intro.), a fee of 0.2 percent of the value of the property, less encumbrances, liens, or charges.
NOTE: Subd. 2. is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: 2. For filing a petition for guardianship of the estate under ch. 54 or an application for conservatorship under s. 54.76, if the value of the property, less encumbrances, liens or charges, is the amount specified under s. 867.03 (1g) (intro.) or less, a fee of $20 and, if more than the amount specified under s. 867.03 (1g) (intro.), a fee of 0.2 percent of the value of the property, less encumbrances, liens or charges. 3. The fee shall be paid at the time of filing of the inventory or other documents setting forth the value of the estate in the proceedings. (c) For a certificate terminating a life estate or homestead interest, $10, but the fee shall not be collected if the termination is consolidated with probate or administration proceedings.
NOTE: Par. (c) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (c) For a certificate terminating a life estate or homestead interest, $3, but the fee shall not be collected if the termination is consolidated with probate or administration proceedings. (d) For a certificate or judgment of descent of lands, the same fees shall be charged and collected as are charged in estate proceedings in par. (a) based upon the valuation of the property passing by the certificate or judgment of descent. (e) For filing objections to the probate of a will, $50, except that this fee may be waived by the court when objection is filed by a guardian ad litem or attorney, or attorney-in-fact, for a person in the military service. The court may order a refund of the fee to the objector from the assets of the estate.
NOTE: Par. (e) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (e) For filing objections to the probate of a will, $20, except that this fee may be waived by the court when objection is filed by a guardian ad litem or attorney, or attorney-in-fact, for a person in the military service. The court may order a refund of the fee to the objector from the assets of the estate. (f) For receiving a will for safekeeping, except under s. 856.05 (1), $35.
NOTE: Par. (f) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (f) For receiving a will for safekeeping, except under s. 856.05 (1), $10. (g) For each certificate issued by the registers in probate or circuit judges, $10.
NOTE: Par. (g) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (g) For each certificate issued by the registers in probate or circuit judges, $3. (h) 1. Except as provided in subd. 2., for copies, certified or otherwise, of records or other papers in the custody and charge of registers in probate, or for the comparison and attestation of copies not provided by the registers, $1 per page. 2. For copies of any court document requested by the state public defender, other than a transcript, a fee equal to the actual, necessary and direct costs of copying. (i) For filing claims against estates, $10. The fee under this paragraph shall be added on to the amount of the claim and may be recovered as part of the claim.
NOTE: Par. (i) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (i) For filing claims against estates, $3. The $3 fee shall be added on to the amount of the claim and may be recovered as part of the claim. (j) For searching files or records to locate any one action when the person requesting the search does not furnish the case number of the action, or to ascertain the existence or nonexistence of any instrument or record in the custody of the clerk of circuit court, $14.
NOTE: Par. (j) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (j) For searching files or records to locate any one action when the person requesting the search does not furnish the case number of the action, or to ascertain the existence or nonexistence of any instrument or record in the custody of the clerk of circuit court, $4. (k) For receiving a power of attorney for health care instrument for safekeeping, as provided under s. 155.65 (1), $18.
NOTE: Par. (k) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (k) For receiving a power of attorney for health care instrument for safekeeping, as provided under s. 155.65 (1), $8. (L) For receiving a declaration for safekeeping, as provided under s. 154.13 (1), $18.
NOTE: Par. (L) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (L) For receiving a declaration for safekeeping, as provided under s. 154.13 (1), $8. (n) For depositing or disbursing money under s. 54.12 (1) (a), a fee of $16 or 0.5 percent of the amount deposited, whichever is greater at the time the money is deposited with the register in probate, and a fee of $16 whenever any withdrawal is made of the money deposited with the register in probate.
NOTE: Par. (n) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (n) For depositing or disbursing money under s. 54.12 (1) (a), a fee of $10 or 0.5 percent of the amount deposited, whichever is greater at the time the money is deposited with the register in probate, and a fee of $10 whenever any withdrawal is made of the money deposited with the register in probate. (o) For filing a petition to commence a judicial proceeding under ch. 701, $258.
NOTE: Par. (o) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (o) For filing a petition to commence a judicial proceeding under ch. 701, $250. (p) For receiving a written statement or signed declaration for safekeeping, as provided under s. 851.72 (1m), $8. (2) For purposes of determining fees payable under sub. (1), the following shall apply: (c) If survivorship proceedings are pursued independent of probate or administration, a fee shall be collected for each proceeding, and the fee shall not be less than that payable if the proceedings were consolidated. (d) Proceedings to administer assets subsequent to entry of final judgment in an estate are subject to fees as separate proceedings. The fees shall not be less than those which would have been chargeable if the assets had been included in the original proceedings. (f) Special administrations are subject to filing fees, the fees to be credited upon fees for subsequent general administration or probate. (3) The register in probate shall, on the first Monday of each month, pay into the office of the county treasurer all fees collected by the register in probate and in the register in probate’s hands and still unclaimed as of that day. Each county treasurer shall make a report under oath to the secretary of administration on or before the 5th day of January, April, July, and October of all fees received by the county treasurer under sub. (1) (a) to (f) up to the first day of each of those months and shall at the same time pay 66.67 percent of the fees to the secretary of administration for deposit in the general fund. Each county treasurer shall retain the balance of fees received by the county treasurer under this section for the use of the county.
NOTE: Sub. (3) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (3) The register in probate shall, on the first Monday of each month, pay into the office of the county treasurer all fees collected by him or her and in his or her hands and still unclaimed as of that day. Each county treasurer shall make a report under oath to the secretary of administration on or before the 5th day of January, April, July, and October of all fees received by him or her under sub. (1) (a) to (f) up to the first day of each of those months and shall at the same time pay 66.67 percent of the fees to the secretary of administration for deposit in the general fund. Each county treasurer shall retain the balance of fees received by him or her under this section for the use of the county.
Plain-English Summary
The register in probate runs its own fee schedule, parallel to the circuit clerk’s under s. 814.61 but built around estates, guardianships, and trusts. The biggest fees are keyed to the value of what’s being administered. Opening a decedent’s estate proceeding currently costs a flat $20 if the property subject to administration (after encumbrances, liens, or charges) is $10,000 or less, and 0.2 percent of that value if it’s more; on November 1, 2026, the flat-fee threshold rises to $18,500 and the flat fee itself rises to $36, with the 0.2 percent rate unchanged above that line. The register can’t base this fee on property that isn’t subject to administration. Opening a guardianship-of-the-estate proceeding under ch. 54, or a conservatorship application under s. 54.76, works the same way, keyed to the small-estate threshold set in s. 867.03 (1g); and a certificate or judgment of descent is billed using the same value-based schedule as an estate proceeding.
A long list of flat fees covers specific filings and services: filing objections to the probate of a will (currently $20, rising to $50, waivable for a guardian ad litem, attorney, or attorney-in-fact for someone in military service, and refundable by court order from the estate); receiving a will for safekeeping outside s. 856.05 (1) (currently $10, rising to $35); receiving a power of attorney for health care instrument or a declaration for safekeeping (currently $8 each, rising to $18 each); issuing a certificate (currently $3, rising to $10); filing a claim against an estate (currently $3, rising to $10, added onto and recoverable as part of the claim itself); and searching files or records when the requester doesn’t supply a case number (currently $4, rising to $14). Copies of records cost $1 per page, except the state public defender pays only the actual cost of copying.
Subsection (2) fills in how these fees apply to edge cases: survivorship proceedings pursued independent of probate still get charged no less than if they’d been consolidated with it; administering assets discovered after a final judgment gets billed as its own proceeding, at no less than the original fee would have been; and special administrations pay their own filing fee, credited against the fee for whatever general administration or probate follows.
Under (3), the register turns over all collected, unclaimed fees to the county treasurer on the first Monday of each month. Each quarter, the county treasurer reports to the secretary of administration and forwards 66.67 percent of the fees collected under (1) (a) through (f) to the state, keeping the rest for the county — a split this section leaves unchanged even as the underlying fees rise.
Frequently Asked Questions
How much does it cost to open a small probate estate in Wisconsin?
Currently a flat $20 for an estate valued at $10,000 or less. Starting November 1, 2026, that becomes a flat $36 for an estate valued at $18,500 or less; above that threshold, the fee is 0.2 percent of the value subject to administration either way.
What does it cost to file objections to a will in Wisconsin probate court?
Currently $20, rising to $50 on November 1, 2026. The court may waive the fee for a guardian ad litem, an attorney, or an attorney-in-fact for someone in military service, and may order it refunded to the objector from the estate’s assets.
How much does the register in probate charge to keep a will safe?
Currently $10, rising to $35 on November 1, 2026, for receiving a will for safekeeping outside the process under s. 856.05 (1).
Is there a fee to file a claim against someone’s estate in Wisconsin?
Yes, currently $3, rising to $10 on November 1, 2026. The fee gets added onto the amount of the claim and can be recovered as part of it.
Where does the money the register in probate collects go?
The register deposits it monthly with the county treasurer. Of the fees collected under (1) (a) through (f), the treasurer forwards 66.67 percent to the secretary of administration each quarter and keeps the balance for the county.
Amendment History
History: 1981 c. 317; 1985 a. 329; 1989 a. 56; 1991 a. 220, 281; 1993 a. 160; 1995 a. 27, 38, 224; 1997 a. 83; 2001 a. 16; 2003 a. 33; 2005 a. 387; 2019 a. 109; 2023 a. 127; 2025 a. 115, 179.