Wisconsin Statutes

Wis. Stat. § 879.33 (2026)

Costs, if allowed; judgment for

✓ current as of July 2026

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879.33879.33 Costs, if allowed; judgment for. Costs may be allowed in all appealable contested matters in court to the prevailing party, to be paid by the losing party or out of the estate as justice may require; and if costs are allowed they shall be taxed by the register in probate after the notice required in ch. 814. If costs are allowed, the court shall render judgment therefor, stating in whose favor and against whom rendered and the amount, and a list of the items making the amount shall be filed with the papers in the case. Costs shall not be taxed against a guardian ad litem, except as provided in s. 814.14.

879.33 HistoryHistory: Sup. Ct. Order, 50 Wis. 2d vii (1971); Sup. Ct. Order, 67 Wis. 2d 783; 1977 c. 449.

879.33 NoteComment of Judicial Council, 1971: Generally, costs shall not be taxed against a guardian ad litem. [Re Order effective July 1, 1971]

879.33 AnnotationNothing in this section or s. 879.37 suggests a trial is necessary for an award of attorney fees and costs. When a party concedes nothing and an opposing party capitulates before the court to the very best outcome the first party could have achieved if the matter had proceeded to trial, the first party has prevailed. Troy v. Johnson, 2017 WI App 59, 378 Wis. 2d 75, 902 N.W.2d 794, 16-0387.

Notes of Decisions

Cited in 9 cases (3 in the last 5 years), 1993–2022 · leading case: Friends of Frame Park, U.A. v. City of Waukesha, 2022 WI 57 (Wis. 2022).

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Friends of Frame Park, U.A. v. City of Waukesha, 2022 WI 57 (Wis. 2022). · cites it 2× “"); Wis. Stat. § 879.33 (1981-82) ("Costs may be allowed in all appealable contested matters in court to the prevailing party .”

Wolf v. Est. of Wolf, 2009 WI App 183 (Wis. Ct. App. 2009). · cites it 7× “35 is being raised by Shirley Wolf for the first time on appeal, to which Shirley Wolf offers no reply. Our review of the record reveals that although the subsequently appointed personal representative's petition seeks authorization for payment of attorney fees with no mention…”

Gittel v. Abram, 2002 WI App 113 (Wis. Ct. App. 2002). “§ 879.33 provides that the costs of a prevailing party may be "paid by the losing party or out of the estate as justice may require.”

In Matter of Est. of Balson, 515 N.W.2d 474 (Wis. Ct. App. 1994). · cites it 2× “We remand for a full and complete exploration of the devolution issue in this case, including the taking of evidence if the probate court deems it appropriate and necessary. 9 *45 ATTORNEY'S FEES In light of our ruling, the probate court's award to David as the prevailing party…”

Est. of Burgess v. Peterson, 571 N.W.2d 432 (Wis. Ct. App. 1997). “3 Edna also contends that §§ 879.33 and 879.37, Stats., as well as equitable principles, support reimbursement.”

In Matter of Est. of Huehne, 498 N.W.2d 870 (Wis. Ct. App. 1993). · cites it 2× “Based on our conclusion that the trial court correctly determined that the fees were improperly received, we conclude that the trial court also properly required payment of interest to the estate for the improperly received fees.”

Troy v. Johnson, 2017 WI App 59 (Wis. Ct. App. 2017). · cites it 3× “Here, the nonfamily beneficiaries successfully fought off the residual beneficiaries' motion to *90 dismiss the nonfamily beneficiaries' petitions/objections seeking an order directing SVA to file an amended inventory, accounting, and federal estate tax return substituting the…”

Ted Marshall v. Dawn M. Brogle (Wis. Ct. App. 2021). “§ 879.33 allows costs to a prevailing party in all appealable contested matters in court.”

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