How Much Does an Executor Get Paid in Wyoming? Statutory Fees and Compensation

Serving as a Personal Representative for a deceased relative in Cheyenne, Casper, or Sheridan is rarely a simple favor-it often requires hundreds of hours of sorting financial records, dealing with creditors, winterizing property, and testifying in District Court. Many family members either assume they must work entirely for free or make the costly legal mistake of writing themselves a compensation check from the estate bank account before a judge authorizes payment. Taking unilateral fee withdrawals without a court order can trigger a formal surcharge petition, removal, and personal liability.

Unlike states that leave executor pay entirely to vague standards of reasonableness, Wyoming is one of the few jurisdictions in the United States that codifies a clear, tiered percentage formula for both Personal Representatives and estate attorneys. Governed by Wyo. Stat. § 2-7-803 and Wyo. Stat. § 2-7-804, Wyoming's statutory fee framework calculates ordinary compensation based on the appraised value of the probate estate accounted for, while granting District Court judges authority to award additional compensation when complex litigation, business operations, or tax audits arise.

The Wyoming Statutory Fee Schedule for Executors (Wyo. Stat. § 2-7-803)

Unless the decedent's Last Will and Testament sets a specific flat dollar limit or the court determines that unusual circumstances make the statutory formula inequitable, a Wyoming Personal Representative is entitled to ordinary compensation calculated under Wyo. Stat. § 2-7-803(a) according to four progressive tiers:

• First $1,000 of the estate fee basis: 10% ($100.00)
• Next $4,000 ($1,000.01 to $5,000.00) of the basis: 5% ($200.00)
• Next $15,000 ($5,000.01 to $20,000.00) of the basis: 3% ($450.00)
• All sums over $20,000.00 of the basis: 2%

Because the first three brackets always add up to exactly $750 on the first $20,000, Wyoming probate judges and practitioners commonly use a fast mathematical shortcut for any estate valued over $20,000: multiply the total probate fee basis by 2% and add $350.

How the 'Printable Probate Basis' Is Calculated in Wyoming

A critical mistake made by inexperienced executors is applying the 2% formula to non-probate assets or ignoring statutory deductions. Under Wyo. Stat. § 2-7-803(b), the computable fee basis of the estate is strictly defined by law:

1. Start with the Appraised Probate Inventory: Begin with the total fair market value of all real and personal property listed on the official court Inventory and Appraisal filed under Wyo. Stat. § 2-7-403 and Wyo. Stat. § 2-7-404. Non-probate assets-such as life insurance policies paid to a named beneficiary, joint tenancy real estate, Transfer-on-Death (TOD) deeds, or assets already titled inside a revocable living trust, as distinguished in In re Estate of George, 265 P.3d 222 (WY Supreme Court 2011) and In re Estate of Tokowitz, 541 P.3d 446 (WY Supreme Court 2024)-are excluded unless poured over through the probate estate.
2. Add Probate Income and Accretions: Add interest, dividends, rental income, and capital gains realized on probate assets during administration. However, under Wyo. Stat. § 2-7-803(b)(v), if the executor operates the decedent's business, farm, or ranch during probate, only net income (not gross business revenue) is added to the basis.
3. Deduct Encumbrances and Liens: Under Wyo. Stat. § 2-7-803(b)(ii) and Wyo. Stat. § 2-7-803(b)(iii), you must deduct the amount of any mortgage, deed of trust, or security lien encumbering estate property if the property is distributed subject to that debt or foreclosed. You must also deduct any property lost or destroyed without fault of the executor under Wyo. Stat. § 2-7-803(b)(iv).

Wyoming Executor and Probate Attorney Fee Calculation Table

Standard Executor Fees vs. Attorney Fees vs. Extraordinary Services

Understanding how Wyoming law separates ordinary administrative duties from legal representation and extraordinary efforts prevents fee disputes among beneficiaries at the final accounting hearing.

Standard Executor Fees vs. Probate Attorney Fees

In Wyoming, the Personal Representative and the attorney for the estate are compensated under two separate, parallel statutes: Wyo. Stat. § 2-7-803 governs the Personal Representative's fee, while Wyo. Stat. § 2-7-804 governs the estate attorney's fee using the exact same tiered percentage brackets. If Two Co-Personal Representatives are appointed (for example, two adult siblings in Laramie or Gillette), they do not each receive a full 2% fee; under Wyo. Stat. § 2-7-803(d), the single statutory commission is apportioned between them by agreement or by the District Court according to the services actually rendered by each.

Furthermore, under Wyo. Stat. § 2-7-805, any contract made between a Personal Representative or attorney and an heir for higher compensation than allowed by the court under Wyo. Stat. § 2-7-803 and Wyo. Stat. § 2-7-804 is void. Additionally, if an attorney serves as both the Personal Representative and the lawyer for the estate, Wyoming courts generally prohibit double-dipping for the same routine administrative work without explicit judicial scrutiny.

Petitioning the Court for 'Extraordinary Services'

Standard statutory fees compensate the executor and attorney for routine probate administration: marshalling bank accounts, publishing creditor notices, filing the inventory, paying undisputed bills, and preparing the final accounting. However, under Wyo. Stat. § 2-7-803(c) and Wyo. Stat. § 2-7-804(c), the District Court may allow additional just and reasonable compensation for extraordinary services whenever unusual responsibilities are required, including:

• Operating or Selling a Business or Ranch: Actively managing an ongoing LLC, retail company, or cattle ranch, supervising employees, or negotiating the sale of a commercial enterprise during administration.
• Complex Tax Audits and Federal Form 706 Filings: Preparing or defending a federal estate tax return (Form 706, FED, IRS, United States Estate (and Generation-Skipping Transfer) Tax Return), handling IRS income tax audits of the decedent's prior returns, or electing special agricultural or closely held business tax deferrals under 26 U.S.C. § 6166.
• Contested Litigation and Will Contests: Defending the will against undue influence challenges under Wyo. Stat. § 2-6-301 (such as those examined in Matter of Estate of Meeker, 397 P.3d 183 (WY Supreme Court 2017)), litigating rejected creditor claims under Wyo. Stat. § 2-7-718, or prosecuting quiet title and partition lawsuits.
• Court-Supervised Real Estate Sales and Environmental Remediation: Renovating dilapidated properties, clearing title defects on severed Wyoming mineral rights, or conducting contested judicial real estate sales under Wyo. Stat. § 2-7-614.

Tax Implications for the Executor: Fee Income vs. Tax-Free Inheritance

Before claiming a statutory fee, a Personal Representative who is also the sole or primary beneficiary of the estate should evaluate federal income tax rules. While Wyoming imposes 0% state income tax on individuals, the Internal Revenue Service treats executor compensation under 26 U.S.C. § 61(a)(1) as taxable ordinary income that must be reported on the executor's personal Form 1040, FED, IRS, U.S. Individual Income Tax Return (at federal marginal rates up to 37%). Conversely, property or cash inherited as a beneficiary is completely exempt from federal income tax under 26 U.S.C. § 102(a).

Therefore, if you are the sole heir of a $500,000 Wyoming estate (where no federal estate tax is owed), waiving the $10,350 executor fee allows you to receive that exact same $10,350 as a tax-free inheritance rather than losing thousands of dollars to federal income tax. On the other hand, if there are multiple heirs and you are doing 100% of the work-or if the estate owes federal estate tax and can deduct your fee on Form 706, FED, IRS, United States Estate (and Generation-Skipping Transfer) Tax Return or Form 1041, FED, IRS, U.S. Income Tax Return for Estates and Trusts-claiming the statutory fee is usually advantageous. If you decide to waive compensation, file a formal written waiver early in the case so the IRS does not impute constructive receipt of income.

Step-by-Step Process in Wyoming

Whether you are administering an estate in the Laramie County District Court, Cheyenne, the Natrona County District Court, Casper, or the Albany County District Court, Laramie, you must follow strict statutory procedures to get your executor fees and out-of-pocket expenses paid legally.

Step 1: Check the Will for Specific Compensation Provisions

Before petitioning for appointment, read the decedent's Last Will and Testament carefully. Under Wyo. Stat. § 2-7-803(e), if the will provides a specific dollar amount or lower rate for the Personal Representative's compensation, that provision binds the executor unless they file a written renunciation of the will's compensation clause with the District Court before qualifying for appointment.

Step 2: Keep Contemporaneous Time and Mileage Logs from Day One

Even though Wyoming uses a percentage schedule under Wyo. Stat. § 2-7-803(a), a judge has authority to reduce the fee if unusual circumstances show the statutory percentage is excessive, or increase it for extraordinary services under Wyo. Stat. § 2-7-803(c). Maintain a daily spreadsheet recording the date, time spent, task performed, and every out-of-pocket expense receipt (such as lock changes, travel mileage, postage, and court fees reimbursable under Wyo. Stat. § 2-7-802).

Step 3: File the Verified Inventory and Appraisement to Establish the Fee Basis

Submit the official Inventory and Appraisal under Wyo. Stat. § 2-7-403 and Wyo. Stat. § 2-7-404 in the local court-such as the Sheridan County District Court, Sheridan or the Park County District Court, Cody. Because the statutory fee schedule is calculated directly from the appraised value of the estate less mortgages and liens under Wyo. Stat. § 2-7-803(b), accurate appraisals are essential.

Step 4: Draft a Verified Application for Fees and Extraordinary Services

As administration nears completion, work with your probate attorney to draft a formal Petition for Allowance of Personal Representative and Attorney Fees as part of (or alongside) the Final Report and Accounting under Wyo. Stat. § 2-7-806. Set forth the exact math showing the Wyo. Stat. § 2-7-803(b) fee basis, the statutory tier calculation, an itemized list of reimbursable expenses under Wyo. Stat. § 2-7-802, and a sworn affidavit detailing any extraordinary services performed.

Step 5: Serve Notice of the Final Accounting and Fee Request on All Heirs

Under Wyo. Stat. § 2-7-807, when the Final Report and Accounting (including the request for executor and attorney compensation) is filed, notice must be mailed to all heirs, devisees, and unpaid creditors, giving them an opportunity to file written objections before the hearing date. Transparent time logs almost always deter beneficiaries from contesting your fee.

Step 6: Obtain the Court Order Approving Fees Before Disbursing Payment

Never write yourself a fee check from the estate account until the District Court judge signs the formal Order Approving Final Accounting and Fees under Wyo. Stat. § 2-7-811. Once signed, issue the approved fee check, issue an IRS Form 1099-MISC, FED, IRS, Miscellaneous Information from the estate to yourself for the fee portion (excluding nontaxable expense reimbursements), and distribute the remaining estate balance. You can consult a local Wyoming probate attorney from our directory to prepare your fee petition and protect you from beneficiary challenges.

How Much Does it Cost in Wyoming?

Here is how administrative costs and compensation interact in a Wyoming probate proceeding:

• District Court Filing and Inventory Fees ($160+): Initiating formal probate costs $160 under Wyo. Stat. § 2-2-401 and Wyo. Stat. § 5-3-206, plus a court inventory fee of $5 per $10,000 of estate value over $5,000.
• Executor Surety Bond Premiums ($250 to $2,500/year): Unless the will expressly waives bond, Wyo. Stat. § 2-3-102 requires the Personal Representative to post a fiduciary surety bond. The annual bond premium is not paid out of the executor's personal pocket-it is a reimbursable cost of administration paid directly from estate funds under Wyo. Stat. § 2-7-802.
• Probate Attorney Compensation (Statutory Schedule or Hourly): Under Wyo. Stat. § 2-7-804, the estate's attorney is capped at the same statutory percentage schedule as the executor ($750 on the first $20,000 plus 2% over $20,000) for ordinary services, although many Wyoming probate lawyers agree to bill a lower flat fee or hourly rate (typically $250 to $400 per hour) for straightforward estates.

How Long Does the Process Take?

Personal Representatives in Wyoming should plan for the following timeline before receiving their compensation check:

• Reimbursement of Out-of-Pocket Expenses (30 to 90 Days): Once an estate checking account is funded, the Personal Representative can reimburse verified out-of-pocket estate costs (such as the $160 filing fee, newspaper publication costs, and utility bills) under Wyo. Stat. § 2-7-802 during administration, subject to final accounting approval.
• Partial Fee Allowance in Long Estates (6 to 12 Months): If a complex estate remains open for more than a year due to litigation or federal tax audits, the executor and attorney may petition the District Court for an interim partial fee allowance after the 3-month creditor claim period expires.
• Final Executor Fee Payout (6 to 12 Months): In a standard Wyoming probate, 100% of the Personal Representative's statutory fee under Wyo. Stat. § 2-7-803 is paid at the very end of the case upon entry of the Final Decree of Distribution and Order Approving Accounting under Wyo. Stat. § 2-7-811, typically 6 to 12 months after the case opens.

Frequently Asked Questions (FAQ)