In determining the value of the gross estate or the value of the property under subd. 2.
, the value of property that passes under a revocable inter vivos trust is excluded.
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.
For filing a petition for guardianship of the estate under ch. 880
or an application for conservatorship under ch. 880
, if the gross estate or value of the property is $10,000 or less, a fee of $10; if the gross estate is more than $10,000, a fee of 0.1% of the amount of the gross estate.
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.
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.
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.
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.
For each certificate issued by the registers in probate or circuit judges, $3.
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.
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.
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.
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.
For receiving a power of attorney for health care instrument for safekeeping, as provided under s. 155.65 (1)
For filing a petition under s. 880.155
, whether in a guardianship or temporary guardianship proceeding or to commence an independent action, $60.
For purposes of determining fees payable under sub. (1)
, the following shall apply:
United States government bonds which by their terms are payable to another person upon death of the original registered owner are included in his or her gross estate and not subject to the fee for terminating a life estate.
Life insurance, retirement benefits or annuities are excluded unless paid or payable to the estate or personal representative in which case they are included.
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.
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.
The value of decedent's interest in real estate shall be diminished by the unpaid balance on duly recorded or filed liens and mortgages.
Special administrations are subject to filing fees, the fees to be credited upon fees for subsequent general administration or probate.
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 state treasurer on or before the 5th day of January, April, July and October of all fees received by him or her under sub. (1) (a)
up to the first day of each of those months and shall at the same time pay 50% of the fees to the state treasurer 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.
"Fee" under (1) based on value of estate is in reality a tax. Tax does not violate constitution. Treiber v. Knoll, 135 W (2d) 58, 398 NW (2d) 756 (1987).
A fee is not collected under sub. (1) (a) upon the filing of the inventory for a testamentary trust. Trust Estate of Rice, 187 W (2d) 658, 523 NW (2d) 168 (Ct. App. 1994).
Fees of witnesses and interpreters. 814.67(1)
The fees of witnesses and interpreters shall be as follows:
For attending before a municipal judge, an arbitrator, or any officer, board or committee:
For interpreters, $10 per one-half day or such higher fees as the municipality or county board may establish.
For interpreters assisting the state public defender in representing an indigent in preparing for court proceedings, $35 per one-half day.
For traveling, at the rate of 20 cents per mile going and returning from his or her residence if within the state; or, if without the state, from the point where he or she crosses the state boundary to the place of attendance, and returning by the usually traveled route between such points.
A witness or interpreter is entitled to fees only for the time he or she is in actual and necessary attendance as such; and is not entitled to receive pay in more than one action or proceeding for the same attendance or travel on behalf of the same party. A person is not entitled to fees as a witness or interpreter while attending court as an officer or juror. An attorney or counsel in any cause may not be allowed any fee as a witness or interpreter therein.
Fees of court commissioners. 814.68(1)
Part-time court commissioners.
A part-time court commissioner appointed under s. 757.68 (2)
shall collect the following fees:
A fee of $1 for each decision, signing or filing of a document or other ministerial act required by law performed by a part-time court commissioner. This paragraph does not apply to testimonial proceedings or depositions taken before a court commissioner.
For the following duties performed by a part-time court commissioner held in the county courthouse or other court facilities provided by law, reasonable compensation as fixed by the court but not more than the hourly equivalent of the salary of a judge of the court:
Every attendance upon the hearing of any motion for an order which a court commissioner is authorized to grant and for attendance upon any motion or an official act to be done by the court commissioner.
Conducting a hearing and deciding on the issuance of a writ of habeas corpus, certiorari, ne exeat and alternate writs of mandamus.
Attendance upon the taking of testimony or examination of witnesses in any matter held outside the county courthouse or other court facilities provided by law, whether acting as a referee or otherwise.
(2) Supplementary examinations.
For attendance upon an examination under ch. 816
, a court commissioner shall collect a fee of $15 to be paid upon the issuance of the order under s. 816.03 (1)
. The fee shall be returned in any case where it appears by affidavit filed that the order was not served upon the judgment debtor. This fee is the only fee a court commissioner is entitled to for proceedings under ch. 816
History: 1981 c. 317
Fees of court reporters; transcripts. 814.69(1)
A court reporter shall collect the following fees:
For a transcript under SCR 71.04
, a fee at the rate of $1.50 per 25-line page for the original and 50 cents per 25-line page for the duplicate. Except as provided in s. 967.06
, the fee shall be paid by the county treasurer upon the certificate of the clerk of court.
For a transcript under s. 757.57 (5)
, a fee from the party requesting the transcript at the rate of $1.75 per 25-line page for the original and 60 cents per 25-line page for each copy. If the request is by the state or any political subdivision thereof, the fees of the reporter shall be at the rates provided in par. (1)
A reporter may make a special charge, pursuant to arrangement with the party requesting the same, for furnishing typewritten transcripts of testimony and proceedings from day to day during the progress of any trial or proceeding.
For purposes of this section, a page other than the final page of a transcript shall consist of any 25 or more consecutive typewritten lines, double-spaced, on paper not less than 8 1/2 inches in width, with a margin of not more than 1 1/2 inches on the left and five-eighths of an inch on the right, exclusive of lines disclosing page numbering; type shall be standard pica with 10 letters to the inch. Questions and answers shall each begin a new line. Indentations for speakers or paragraphs shall be not more than 15 spaces from the left margin.
Any fees collected by a court reporter whose court reporter equipment is purchased by the state under s. 758.19 (4m)
shall be deposited in the state treasury and credited to the general fund.
Counties are not required to provide free copy machine services for court reporters who collect fees under (2) for furnishing transcripts to parties. 79 Atty. Gen. 157
County employes who perform court reporting functions are "court reporters" under this section and may personally retain fees collected hereunder. The county may take such fees into account in setting salary structures. 81 Atty. Gen. 7
Fees of sheriffs.
The sheriff shall collect the fees under this section. The fees are set as follows, unless a higher fee is established under s. 814.705
(1) Service of process.
For each service or attempted service of a summons or any other process for commencement of an action, a writ, an order of injunction, a subpoena or any other order, $12 for each defendant or person. If there is more than one defendant or person to be served at a given address, $6 for each additional defendant or person. No fee charged under this subsection in any action commenced under s. 813.12
may be collected from a petitioner under s. 813.12
. The fee charged under this subsection in any action commenced under s. 813.12
shall be collected from the respondent under s. 813.12
if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3)
(2) Execution on judgment.
For serving an execution on a judgment demanding payment thereof or other writ not provided for, $12.
(3) Travel; civil process.
For travel in serving any summons, writ or other process, except criminal warrants, and except that a fee under this subsection in any action commenced under s. 813.12
may not be collected from a petitioner but shall be collected from the respondent if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3)
In counties having a population of less than 500,000, 25 cents for each mile actually and necessarily traveled.
In counties having a population of 500,000 or more, $4 for each party to be served in each action. Only one charge may be imposed if there is more than one person to be served at a given address.
(4) Travel; criminal process.
For travel in serving any criminal process:
In counties having a population of less than 500,000, 25 cents per mile.
In counties having a population of 500,000 or more, $4 for each person served within the county from which process issued, or 25 cents per mile if served outside the county.
The actual and necessary disbursements for board and conveyance of the prisoner.
(5) Collection of money.
For collecting and paying over all sums upon any execution, writ or process for the collection of money, 10% on the first $300; 5% on the next $300 or any part thereof; and 3% on any excess over $600; but the whole fee may not exceed $60.
Except as provided in par. (b)
, making a copy of any bond, undertaking, summons, writ, complaint or other paper served or taken, when required by law or demanded by a party, and if not furnished by a party to the action or attorney, $1 per page.
Making a copy of any bond, undertaking, summons, writ, complaint or other paper served or taken, when requested by the state public defender, a fee equal to the actual, necessary and direct costs of copying.
(7) Advertising personal property.
Advertising goods and chattels for sale upon execution, writ or process, $1.50. If there is more than one execution, writ or process in the hands of the sheriff against the same defendants, there shall be only one advertising fee charged in the whole, which shall be on the execution having priority.
(8) Seizure of property; evictions.
For serving any writ or other process with the aid of the county, $8; and $10 per hour for each deputy assigned to inventory the property when seizing property on attachment, replevin, execution or evicting on a writ of restitution or writ of assistance, plus all necessary expenses incurred thereby.
A fee of $50, of which $25 shall be prepaid and nonrefundable, for all necessary activities of the sheriff in connection with the sale of real estate by the sheriff or other officers, under any judgment or order of court, and making all the necessary papers and notices, including but not limited to:
Drawing, executing and acknowledging a deed pursuant to a sale of real estate.
Recording a certificate of sale with the register of deeds.
For travel in making the sale, to be computed from the courthouse, 20 cents per mile going and returning.
(10) Personal property; possession and storage.
All necessary expenses incurred in taking possession of any goods or chattels and preserving the same as shall be just and reasonable in the opinion of the court.
(11) Printing advertisements.
All fees allowed by law and paid to any printer for any advertisement required to be published by the sheriff.
(12) Notices of sale.
For the posting of notices of sale of personal property or posting any other notice and making a return thereon, $4 for the first posting and $2 for each additional posting.
Fees for mileage may only be collected if service is successful. 73 Atty. Gen. 106