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What the Calculator Uses in KansasThe method behind the estimate, and what it leaves out
Kansas has no statutory compensation formula to apply, so this page presents the rule rather than a computed fee. Compensation is such compensation for services as is just and reasonable under K.S.A. 59-1717, allowed by the district court, and the fiduciary may apply for an allowance at any time during the administration. A compensation provision in the will is taken as full compensation unless the executor files a written renunciation under K.S.A. 59-1504. No dollar figure here is a court order, and the $109.50 docket fee under K.S.A. 59-104(a)(1), attorney fees, any bond premium, publication of the notice to creditors and recording costs are all separate charges.
The estimate is a starting point, not a guaranteed fee. Courts can still review the work performed, the estate documents, and whether the representative is seeking compensation for services beyond the ordinary baseline.
What affects the feeOrdinary rules, extraordinary services, and tax consequences
Ordinary Fee Rule
The estimate begins with the state-specific ordinary compensation method, not a one-size-fits-all national formula.
Extraordinary Services
Sales of real property, business management, litigation, tax work, and unusual court proceedings can justify additional compensation in some estates.
Tax Consequences
Executor compensation is usually treated differently from the inheritance itself, which is why many fiduciaries consider whether waiving the fee creates a better tax result.
What to Compare Alongside CompensationTotal administration cost, the executor role, and court contacts
The fee only makes sense in context. If the estate is simple, the ordinary compensation may be easy to estimate. If the estate has title problems, creditor disputes, or tax issues, total administration cost and effort may matter more than the baseline executor figure.
By what the court allows, not by a share of the estate. K.S.A. 59-1717 provides that every fiduciary is allowed the necessary expenses incurred in executing the trust, and has such compensation for services and those of the fiduciary's attorneys as is just and reasonable. Kansas publishes no statutory schedule and fixes no figure keyed to the size of the estate, so nothing here can be computed from an estate value. Any Kansas rate presented as the executor fee is a local custom or a private fee agreement rather than the law. What the court weighs is the work actually done, which is why contemporaneous records of what was handled and when are the evidence that supports a request.
When does a Kansas fiduciary ask for the fee?
At any point in the administration, and not only at the end. K.S.A. 59-1717 lets the fiduciary apply to the court for an allowance on compensation and on attorney fees at any time during administration. That matters in a long estate, because a representative who has carried real work for a year does not have to wait for final settlement to be paid for it. The allowance is a court decision either way, so the application is what puts the amount in front of the judge rather than leaving it to be argued at the close.
What if the will already sets the fee in Kansas?
The will governs, and getting out of it takes a filing. K.S.A. 59-1504 provides that where the will makes provision for the compensation of an executor, that is taken as full compensation unless the executor files a written instrument renouncing all claim to the compensation the will provides. Read the compensation clause before accepting the appointment, because a will that pays less than a court would allow is enforceable against an executor who never renounced it. The renunciation is a written instrument filed with the court rather than an understanding among the family.
Who pays the fee in a Kansas estate?
The estate, and the code says so twice. K.S.A. 59-104(d) treats other fees and expenses assessed as additional court costs, expressly including executor or administrator fees and attorney fees along with appraiser fees and publication of legal notice, as approved by the court unless specifically fixed by statute. K.S.A. 59-2214 then requires the court to tax the costs of probate proceedings against the estate unless that would be unjust and inequitable. So the compensation is an administration expense paid out of estate assets before what is left is distributed, rather than a charge on any beneficiary personally.
Are attorney fees separate from the executor fee in Kansas?
They are two charges, and K.S.A. 59-1717 handles both in one sentence. The section allows the fiduciary such compensation for services and those of the fiduciary's attorneys as is just and reasonable, and the same application to the court covers an allowance on compensation and on attorney fees. Kansas sets no percentage for either role, so the attorney fee is agreed between the client and the lawyer and is then reviewed by the court rather than computed from a table. Both are administration expenses paid from the estate, and both are separate from the docket fee, which is $109.50 to probate an estate or a will under K.S.A. 59-104(a)(1) and may run to $131.50 on and after July 1, 2026 if the supreme court imposes the additional charge that section allows.
Does a will contest change who gets paid in Kansas?
Yes, and the rule is broader than most people expect. K.S.A. 59-1504 allows a person named as executor in a will or codicil who defends it, or who prosecutes proceedings in good faith and with just cause to have it admitted to probate, the necessary expenses and disbursements out of the estate together with just and proper compensation for that person's services and those of that person's attorneys, WHETHER SUCCESSFUL OR NOT. The same section allows those expenses and that compensation to a person who successfully opposes the probate of a will. Good faith and just cause are the conditions on the first branch, so the section pays a defence that was reasonable rather than only a defence that won.
Is executor compensation taxable in Kansas?
A fee for serving is taxable income to the person who takes it, while an inheritance is not. That difference often decides whether taking the fee actually leaves a family member better off, because the same money frequently reaches them either way. Review the income-tax and estate-accounting effects before applying to the court for an allowance or waiving it.
Can a Kansas executor waive the fee?
Yes. An executor or administrator may decline compensation, and someone who is also the main beneficiary commonly does, because the money then arrives as an inheritance rather than as income. Put the choice on the record in the final settlement rather than leaving it as an understanding, since it changes the federal tax picture and what the other beneficiaries expect. Where the will provides compensation and the executor wants the just-and-reasonable standard instead, the written renunciation under K.S.A. 59-1504 is the step that opens it, and it has to be filed rather than merely intended.
Is the person in charge called an executor or a personal representative in Kansas?
Kansas uses both, and the compensation statute uses a third word. Chapter 59, the Kansas probate code, speaks of an executor where a will names the person and an administrator where the court appoints one without a will, while personal representative is the term that covers both. K.S.A. 59-1717 reaches wider still: it allows compensation to every FIDUCIARY, which is why the same just-and-reasonable standard governs whichever title the letters carry. This page answers to all of them.
Official Sources and Further ReadingOfficial references used for this page
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Kansas can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.
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Reasonable compensation under K.S.A. 59-1717
Kansas sets no percentage of any kind for a personal representative or an estate attorney. K.S.A. 59-1717 allows every fiduciary the necessary expenses incurred in executing the trust, and such compensation for the fiduciary’s services and those of the fiduciary’s attorneys as is just and reasonable. The court fixes both under that one standard, and the same section lets the fiduciary apply for an allowance on compensation and on attorneys’ fees at any time during administration rather than only at final settlement. Where the will provides for the executor’s compensation, K.S.A. 59-1504 takes that as full compensation unless the executor files a written instrument renouncing all claim to it. That section also pays the necessary expenses and just and proper compensation of a person who defends a will in good faith, whether successful or not, and of a person who successfully opposes one.
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Enter the estate value as context for a Kansas reasonableness review, not as a statutory fee base. Kansas publishes no percentage and no fee table, so no figure is computed from this number.