Wisconsin Statutes
Wis. Stat. § 879.37 (2026)
Attorney fees in contests
✓ current as of July 2026
Find cases:
SyfertCases citing this section
WI-LEGdocs.legis.wisconsin.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
879.37879.37 Attorney fees in contests. Reasonable attorney fees may be awarded out of the estate to the prevailing party in all appealable contested matters, to an unsuccessful proponent of a will if the unsuccessful proponent is named in the will to act as personal representative and propounded the document in good faith, and to the unsuccessful contestant of a will if the unsuccessful contestant is named to act as personal representative in another document propounded by the unsuccessful contestant in good faith as the last will of the decedent.
879.37 AnnotationA finding of undue influence on the part of an unsuccessful proponent disqualifies the proponent from asserting “good faith” under this section. Bethesda Church v. Menning, 72 Wis. 2d 8, 239 N.W.2d 528 (1976).
879.37 AnnotationIf the court finds good faith, the court may, but need not, award costs and attorney fees to the unsuccessful proponent of a will. Gittel v. Abram, 2002 WI App 113, 255 Wis. 2d 767, 649 N.W.2d 661, 01-1132.
879.37 AnnotationAn objector is a prevailing party if the objector achieves some significant benefit in litigation involving a claim against the estate. The prevailing party can include multiple interested parties who register objections and defend. The awarding of attorney fees is not limited to when the personal representative fails to act or when the award benefits the estate. The award of attorney fees is discretionary. Estate of Wheeler v. Franco, 2002 WI App 190, 256 Wis. 2d 757, 649 N.W.2d 711, 01-3344.
879.37 AnnotationThis section limits a prevailing party to recovery from the estate only. It does not allow the prevailing party to seek to recover costs and fees from the portion of the estate that is distributed to particular heirs. Bloom v. Grawoig, 2008 WI App 28, 308 Wis. 2d 349, 746 N.W.2d 532, 07-0042.
879.37 AnnotationThere is no prevailing party and no appealable contested matter when a will contest results in settlement. As such, the trial court properly denied a party’s claim for attorney fees. Wolf v. Estate of Wolf, 2009 WI App 183, 322 Wis. 2d 674, 777 N.W.2d 119, 09-0781.
879.37 AnnotationNothing in this section or s. 879.33 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 14
cases (1 in the last 5 years), 1977–2025 · leading case: Est. of Wheeler v. Franco, 2002 WI App 190 (Wis. Ct. App. 2002).
Est. of Wheeler v. Franco, 2002 WI App 190 (Wis. Ct. App. 2002). “Wheeler appeals from a probate court order awarding attorney fees under Wis. Stat. § 879.37 (1999-2000) 1 to Patricia Franco and Diana Scott, fees which they incurred in objecting to a claim filed against the estate.”
Wolf v. Est. of Wolf, 2009 WI App 183 (Wis. Ct. App. 2009). “See Wis. Stat. § 879.37 (2007-08). 2 Consequently, we affirm.”
Bell v. Neugart, 2002 WI App 180 (Wis. Ct. App. 2002). “Neugart, individually, also contends the court erroneously exercised its discretion in declining to order the estate to pay her fees under Wis. Stat. § 879.37 since she was the prevailing party.”
Zastrow v. Journal Commc'ns, Inc., 2005 WI App 178 (Wis. Ct. App. 2005). “6 The court also awarded attorney fees, concluding it had the authority to do so under its equitable powers and under Wis. Stat. § 879.37 , which addresses attorney fees in probate cases and which, the court decided, applied in matters involving a trust by virtue of Wis.”
Jones v. Jenkins, 277 N.W.2d 815 (Wis. 1979). “Prior to trial of the instant case, Jones was paid $40,000, a sum which had been awarded to Jenkins for lawyers’ fees by the probate court pursuant to sec. 879.37, Stats. 1 Jones testified that he computed his fee for the first statement by using the gross estate figure from the…”
Gittel v. Abram, 2002 WI App 113 (Wis. Ct. App. 2002). “§ 879.37 provides: Attorney fees in contests.”
Bloom v. Grawoig, 2008 WI App 28 (Wis. Ct. App. 2008). “Contrary to the circuit court's ruling, Bloom argues that Wis. Stat. § 879.37 (2005-06) 1 permits the award of fees and costs from certain of the paternal heirs' distributive share.”
In Matter of Est. of Balson, 515 N.W.2d 474 (Wis. Ct. App. 1994). “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…”
Trojan v. Trojan, 255 N.W.2d 305 (Wis. 1977). “” Sec. 879.37, Stats. Sadie Trojan, the mother of the decedent, was party to the original compromise agreement.”
Faith A. Lowell v. Patricia Hammarback (Wis. Ct. App. 2019). “§ 879.37. In a written order, the circuit court granted her motion and awarded her $1500.”
In Re Est. of Becker, 2008 WI App 28 (Wis. Ct. App. 2008). “§ 879.37 (2005-06) [1] permits the award of fees and costs from certain of the paternal heirs' distributive share.”
Wayne M. Lautenbach v. Wayne L. Lautenbach (Wis. Ct. App. 2020). “§ 879.37, numerous common law doctrines, and equity.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.