Wyoming Statutes
Wyo. Stat. § 2-7-804 (2026)
Fees of attorney for estate; schedule.
✓ current as of May 2026
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(a) If the court determines that by reason of unusual
circumstances the fee computed hereafter is not equitable after
considering the time and effort reasonably expended and the
responsibility with which the personal representative was
charged, the court may allow such additional fee as the court
determines proper. The court shall allow the attorney for the
estate fees for ordinary services rendered to the estate unless
the attorney files a written waiver as to a part or all thereof.
The fees shall be computed on the basis of the amount of the
decedent's probate estate accounted for as follows:
(i) For the first one thousand dollars ($1,000.00) of
the basis, ten percent (10%);
(ii) For the amount over one thousand dollars
($1,000.00) and not exceeding five thousand dollars ($5,000.00)
of the basis, five percent (5%);
(iii) For the amount over five thousand dollars
($5,000.00) and not exceeding twenty thousand dollars
($20,000.00) of the basis, three percent (3%);
(iv) For all sums over twenty thousand dollars
($20,000.00) of the basis, two percent (2%).
(b) In addition, further fees as are just and reasonable
may be allowed by the court to the attorney for the estate for
extraordinary expenses or services actually incurred or rendered
by the attorney and necessary to the proper administration and
distribution of the estate. Extraordinary services shall include
but not be limited to services rendered by the attorney relative
to any tax matters and services rendered by the attorney in
connection with any litigation to which the decedent or the
estate is a party.
(c) The amount of the decedent's probate estate accounted
for shall be determined pursuant to W.S. 2-7-803(c).
(d) Nothing herein shall prevent the personal
representative and the attorney from negotiating lower fees.Notes of Decisions
Cited in 4
cases, 2013–2019 · leading case: Est. of Dahlke ex rel. Jubie v. Dahlke, 319 P.3d 116 (Wyo. 2014).
Est. of Dahlke ex rel. Jubie v. Dahlke, 319 P.3d 116 (Wyo. 2014). “Wyo. Stat. Ann. § 2-7-804 (a) (LexisNexis 2013) provides as follows: (a) If the court determines that by reason of unusual circumstances the fee computed hereafter is not equitable after considering the time and effort reasonably expended and the responsibility with which the…”
Bd. of Prof'l Responsibility v. Mears, 439 P.3d 1077 (Wyo. 2019). “" Judge Day concluded, "The Court finds that such fees were incurred by performing personal services but were not fees incurred in the provision of legal services which are the type of fees recoverable through Wyo. Stat. § 2-7-804(b)." *1089 29. On August 4, 2017, an Order…”
Bd. of Prof'l Responsibility v. Bagley, 327 P.3d 721 (Wyo. 2013). “Respondent billed and received payment for these services from Juan Roberts, in violation of the requirements of W.S. §§ 2-7-804(b) and 2-7-805(a) that all such fees be approved by the probate court.”
The Est. of H. Kent Dahlke, By & Through Its Pers. Rep. Susan M. Jubie, & the Est. of Sara Westerberg Dahlke, By & Through Its Pers. Rep. Susan M. Jubie, & Susan M. Jubie, Individually v. Jay H. Dahlke, Kurt M. Dahlke, Hearthside Care Ctr., Umpqua Homes for the Handicapped, & M. Scott McColloch, 2014 WY 29 (Wyo. 2014). “4 Wyo. Stat. Ann. § 2-7-804 (a) (LexisNexis 2013) provides as follows: 3 [¶13] The probate proceedings were by any standard irregular and did not, in alarming respects, comply with the probate code.”
— Wyo. Stat. § 2-7-804(b) — 2 cases
Bd. of Prof'l Responsibility v. Mears, 439 P.3d 1077 (Wyo. 2019). “" Judge Day concluded, "The Court finds that such fees were incurred by performing personal services but were not fees incurred in the provision of legal services which are the type of fees recoverable through Wyo. Stat. § 2-7-804(b)." *1089 29. On August 4, 2017, an Order…”
Bd. of Prof'l Responsibility v. Bagley, 327 P.3d 721 (Wyo. 2013). “Respondent billed and received payment for these services from Juan Roberts, in violation of the requirements of W.S. §§ 2-7-804(b) and 2-7-805(a) that all such fees be approved by the probate court.”
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