Kansas Probate Cost: One Flat Docket Fee, No Probate Tax, No Percentage
Settled Estate lists court filing fees and timelines for 7 Kansas probate procedures. The cheapest published route starts at $109.50 for statutory docket fee. Last verified September 2026.
Kansas charges $109.50 to open an estate and charges it identically in all 105 counties. Nothing in the fee table is keyed to the size of the estate, and nothing in the Kansas probate code sets a percentage for the executor or the attorney.
Opening a Kansas estate costs $109.50. K.S.A. 59-104(a)(1) prices probate of an estate or of a will as a flat docket fee, and subsection (a)(2) says the docket fee is the only fee collected for the docket fee, that it may only be established by an act of the legislature, and that no other authority exists to collect one. So the figure is the same in every county, a $60,000 estate and a $6,000,000 estate pay the same, and there is no probate tax and no value-based probate filing fee anywhere in the Kansas code.
One charge on top is genuinely uncertain, and it is shown here as a range rather than folded into a total. K.S.A. 59-104(a)(2) lets the supreme court impose an additional charge of up to $22 per docket fee to fund the costs of non-judicial personnel. That authority lapsed on June 30, 2025 and came back: 2026 Session Laws ch. 35 (HB 2393), approved April 3, 2026, moves the window to July 1, 2026 through June 30, 2030 and leaves the base fee table untouched. Because the charge is permissive rather than automatic, and whether a given district collects it is a supreme court decision, a clerk may quote anywhere between $109.50 and $131.50. Any source still describing the surcharge as expired is reading the revisor text rather than the 2026 act.
Quick Summary
- Statutory docket fee
- $109.50K.S.A. 59-104(a)(1), flat and identical in all 105 counties
- What a clerk may quote
- $109.50 to $131.50The supreme court may add up to $22 per docket fee from July 1, 2026 through June 30, 2030 (2026 Session Laws ch. 35)
- Small estates affidavit
- $0K.S.A. 59-1507b, never filed with a court, ceiling of $75,000 on assets subject to probate
- Executor and attorney fees
- No scheduleJust and reasonable, allowed by the court under K.S.A. 59-1717. Kansas publishes no percentage
There is no cheaper Kansas county and no different courthouse type either. K.S.A. 59-104(a)(1) sets one statewide docket-fee table, and subsection (a)(2) states that the docket fee is the only fee collected for the docket fee, that it may only be established by an act of the legislature, and that no other authority is established by law or otherwise to collect a fee. That sentence is why there is no county probate surcharge to shop for. Probate is heard by the district court in all 105 counties under K.S.A. 20-301, with the clerk of the district court taking the filing, so there is no separate probate court and no probate division. Which county is a separate question, and K.S.A. 59-2203 answers it: for a Kansas resident, the district court of the county of residence at death. Three costs are genuinely local and appear in no total on this page. Publishing the notice to creditors is priced by the newspaper, capped by K.S.A. 28-137 at the lowest regular classified rate that paper charges commercial customers and limited to a 15% annual increase, and taxed as costs in the case. The clerk's charge for a certified copy is not a statewide figure: K.S.A. 59-104(d) leaves other fees and expenses to the court unless specifically fixed by statute, and the table fixes only $23.50 for certified probate proceedings under K.S.A. 59-213. And recording a deed out of the estate goes to the county register of deeds, a separate office from the court. Confirm the current counter total with the clerk of the district court for the county where the decedent lived, and ask about K.S.A. 59-104(b), which applies the civil poverty-affidavit provisions to probate docket fees.
Typical Total Cost Ranges
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| Procedure | Estate Size | Court Fee | Timeline | Attorney? | Best For |
|---|---|---|---|---|---|
| Supervised Administration | Any estate. The docket fee takes no account of value | $109.50 under K.S.A. 59-104(a)(1), and between $109.50 and $131.50 on and after July 1, 2026 if the supreme court imposes the surcharge | About 6 to 12 months | No statutory requirement; counsel is usual once there is real property to sell, a business to wind up or a disputed demand | An estate that needs letters and either wants court oversight or has not asked for the simplified estates act |
| Simplified Estate | Any estate. The court decides at the hearing under K.S.A. 59-3202 whether an estate is administered as simplified or supervised | $109.50 under K.S.A. 59-104(a)(1), the same as a supervised estate. Removing court supervision does not reduce the docket fee | About 6 to 12 months | No statutory requirement; the statutory clocks still run, so the saving is in hearings | A solvent estate with agreed heirs that wants the administration run without court supervision |
| Refusal to Grant Letters of Administration | Two grounds. Under K.S.A. 59-2287(a)(1) no dollar figure at all, where the value of the property is not greater than the exempt property plus the K.S.A. 59-403 allowance. Under (a)(2) the real and personal estate does not exceed $75,000, the allowances do not apply or are waived, and the petitioner gives bond of at least the value of the estate | $48.50 under K.S.A. 59-104(a)(1), plus any bond premium | About 1 to 3 months | No statutory requirement; the bond and the allowance question are where counsel earns its cost | A small estate that will be consumed by exempt property and the family allowance, or one under $75,000 where the allowances do not apply |
| Proceedings to Determine Descent | No dollar threshold. Available more than six months after the death where no will was filed under K.S.A. 59-618a and no probate or administration was opened | $49.50 under K.S.A. 59-104(a)(1) | About 1 to 3 months after the six-month wait | No statutory requirement; a title company will usually want the decree drafted with care, because it is the document that clears the chain | Clearing title to Kansas real estate years after a death nobody probated |
| Small Estates Affidavit | Total assets of the estate subject to probate of $75,000 or less (K.S.A. 59-1507b(a)), with real estate counting toward the measure but outside what the affidavit can transfer | $0. It is not filed with a court, so the docket-fee table has no line for it | Immediate. There is no waiting period and no court filing | No | An estate held in accounts, wages, vehicles and belongings where no land has to change hands |
| Filing a Will and Affidavit to Preserve It | Any estate. This is not an administration: it keeps the will probatable after the six-month limit in K.S.A. 59-617 | $48.50 under K.S.A. 59-104(a)(1) for a filing under K.S.A. 59-618a | Same day, and it must happen within six months of the death | No | Anyone holding a will who cannot open a probate inside the six-month window |
| Termination of Joint Tenancy or Life Estate | Any estate with a K.S.A. 59-2286 proceeding to run | $48.50 each under K.S.A. 59-104(a)(1), charged separately for termination of joint tenancy and for termination of life estate | Runs on the notice and hearing schedule in K.S.A. 59-2286 | No statutory requirement | Clearing a survivorship or life-estate interest off the record |
Additional Costs to Expect
Opening a Kansas Estate
K.S.A. 59-104(a)(1) prices probate of an estate or of a will at a flat docket fee, identical in all 105 counties, and subsection (a)(2) states the docket fee is the only fee collected for the docket fee and may only be established by an act of the legislature. That last sentence is the authority for saying there is no county surcharge, which is why it is cited rather than left as an assumption. The one addition is permissive: 2026 Session Laws ch. 35 moved the K.S.A. 59-104(a)(2) window to July 1, 2026 through June 30, 2030, letting the supreme court impose up to $22 per docket fee for the costs of non-judicial personnel. Whether a given district collects it is a supreme court decision rather than a statutory certainty, so the amount a clerk quotes may be the bare fee or the fee plus up to $22.
The Other Rows in the Same Docket-Fee Table
The K.S.A. 59-104(a)(1) table prices each kind of probate filing separately: $49.50 for a determination of descent, $48.50 for refusal to grant letters of administration, $48.50 for filing a will and affidavit under K.S.A. 59-618a, $48.50 each for termination of joint tenancy and termination of life estate, $69.50 each for guardianship, conservatorship, trusteeship and a combined guardianship and conservatorship, $23.50 for certified probate proceedings under K.S.A. 59-213, and $173.00 for decrees in probate from another state, which is the highest figure in the table. An estate that runs more than one of these proceedings pays for each. Nothing here scales with value.
Executor Compensation, Which Kansas Does Not Schedule
K.S.A. 59-1717 says 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, and lets the fiduciary apply to the court at any time during the administration for an allowance on compensation and on attorney fees. Kansas fixes no percentage and publishes no schedule, so any Kansas percentage presented as the executor fee is a local custom or a fee agreement rather than the law. 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, so the compensation clause is worth reading before accepting the appointment. K.S.A. 59-104(d) taxes executor or administrator fees as additional court costs against the estate.
Attorney Fees, Under the Same Standard
Kansas sets no attorney-fee percentage for probate. K.S.A. 59-1717 applies the same just-and-reasonable standard to the fees of the fiduciary's attorneys as it applies to the fiduciary, and those fees are approved by the court, which means the amount is agreed between the client and the lawyer and then reviewed rather than computed from a table. No hourly or flat range is quoted on this page, because no official Kansas source publishes one and importing a figure from another state would misstate this market. K.S.A. 59-1504 separately allows necessary expenses and just and proper compensation, including attorney fees, to a person named in a will who defends it or prosecutes proceedings in good faith and with just cause to have it admitted, whether successful or not, and to a person who successfully opposes probate.
The Small Estates Affidavit Costs Nothing
K.S.A. 59-1507b works without a court, which is why the docket-fee table has no line for it. The successor furnishes the affidavit to the entity or person holding the property, and the section provides for the discharge and release of that holder. K.S.A. 59-1507b(b) makes the affidavit sufficient if in substantial compliance with the form set forth by the judicial council, and the Kansas Judicial Council publishes it as Small Estates Affidavit (02-2024). The ceiling is $75,000 measured on the total assets of the estate subject to probate, so Kansas real estate counts toward it even though the affidavit cannot convey land.
Certified Death Certificates
Kansas certified death certificates are issued by the KDHE Office of Vital Statistics. Walk-in and regular or priority mail orders are $20 for each certified copy, and that first $20 is a five-year record search fee with one certified copy issued if the record is found. VitalChek online and telephone orders add a $15 expedited service fee. The iKan app adds a $5 processing fee and returns one certified copy per order. An amendment or correction of a vital record is $20. Kansas does not price additional copies of the same record lower, unlike several neighbouring states, so treat $20 per copy as flat and order enough at the outset. This is not a court charge and belongs in no filing-fee total, but it is an early and unavoidable cost. The statute behind it does not fix the amount: K.S.A. 65-2418(a)(1) directs the secretary to fix and charge the fees by rules and regulations.
Recording a Deed or a Decree With the Register of Deeds
A land records charge rather than a court charge, paid to the county register of deeds, a separate office from the district court. K.S.A. 28-115 sets uniform statewide fees in dated tiers, and the operative tier is (a)(5), for documents received and filed on and after January 1, 2018: $17 to record the first page of a deed, mortgage or other instrument of writing, $13 for each additional page, $32 per page for town plats, $16 for a release or assignment of a real estate mortgage, $13 for a certificate certifying an instrument on record and $12.50 to acknowledge a signature. Subsection (b) adds $3 per page on and after January 1, 2015 for deeds, mortgages and other instruments and for a release or assignment of a real estate mortgage. Read the tier rather than the first figure in the section: K.S.A. 28-115(a) prints five historical tiers in ascending date order and (a)(1) is the pre-2015 schedule at $6 for a first page, so quoting the first dollar amount in the section publishes an eleven-year-old fee.
Publishing the Notice to Creditors
Left unpriced rather than estimated. K.S.A. 59-709(a) requires the notice to creditors to be published in a newspaper of the county authorized by law to publish legal notices, once a week for three consecutive weeks, within 30 days after the petition for administration or for probate of a will is filed. The newspaper sets the price, but not freely: K.S.A. 28-137 caps the rate at the lowest regular classified rate the newspaper charges commercial customers, requires each publisher to file its legal-advertising rate card with the county clerk on or before July 1 each year, and forbids the classified legal rate from rising more than 15% over the prior year. Publication fees are taxed as costs in the case, and K.S.A. 59-104(d) names publication of legal notice among the additional court costs assessed against the estate.
Appraisement and the Bond
Neither is a fixed figure and neither is estimated here. K.S.A. 59-1201 requires a verified inventory and valuation within 30 days of the letters of appointment, stating opposite each item its full and fair value as of the date of death, and K.S.A. 59-1202 provides for independent appraisement, the appointment of appraisers and their compensation where one is required, with K.S.A. 59-104(d) taxing appraiser fees as additional court costs. K.S.A. 59-1203 provides for a supplementary inventory. On the bond side, an heir, devisee, legatee, creditor or other interested person who petitions for refusal of letters on the K.S.A. 59-2287(a)(2) value ground must give bond in a sum of not less than the value of the estate, approved by the court. The premium is a surety-market price and no official Kansas source publishes a rate.
When the Court Can Waive or Remit the Costs
Kansas has two separate relief provisions and they work differently. K.S.A. 59-104(b) applies the civil poverty-affidavit provisions in K.S.A. 60-2001(b) and 60-2005 to probate docket fees, so a party who cannot afford the fee may file a poverty affidavit in lieu of it, and K.S.A. 59-2214 separately lets a claimant in a contested matter file a poverty affidavit in lieu of security for costs. K.S.A. 59-2215 is the other one: where the total assets of the estate of a decedent or conservatee do not exceed $10,000 in value, the court may remit the court costs or any part of them. That figure was $5,000 before July 1, 2023, when L. 2023, ch. 77, sec. 9 raised it. K.S.A. 59-2214 also requires the court to tax probate costs against the estate unless that would be unjust and inequitable.
Estate, Inheritance and Probate Tax, None of Which Kansas Charges
Kansas imposes no estate tax on a person who died on or after January 1, 2010. It ran two successive estate taxes and repealed both: the 1998 act at K.S.A. 79-15,100 through 79-15,145, repealed effective January 1, 2007, and its successor at K.S.A. 79-15,201 through 79-15,253, repealed effective January 1, 2010. Two live sections close the door on late filings even for a death inside those windows, K.S.A. 79-15,146 with a cutoff of January 1, 2017 and K.S.A. 79-15,254 with a cutoff of January 1, 2020. Kansas imposes no inheritance tax on beneficiaries, so there is no return and no rate that varies with how closely a beneficiary was related to the decedent. And there is no probate tax: K.S.A. 59-104 charges a flat docket fee instead, so there is no probate tax return to file. What the personal representative files is the inventory and valuation under K.S.A. 59-1201, which is a court filing rather than a tax return. Income tax can still arrive, in a final individual return for the year of death and a fiduciary return where one is required.
One more cost source to check: if the person who died received Medicaid long-term care benefits, the state may file a recovery claim against the estate. The Kansas Medicaid estate recovery guide explains when that applies.