How probate costs work in Kansas
Kansas runs probate through the District Court in the county where the person lived — Johnson (Kansas City metro), Sedgwick (Wichita), Shawnee (Topeka) and the rest. Kansas has not adopted the Uniform Probate Code, but it has its own distinctive feature: the Kansas Simplified Estates Act, which reduces court oversight for uncontested estates. Both the personal representative fee and the attorney fee are set as reasonable amounts with no fixed statutory percentage.
1. Personal representative fee — reasonable, no fixed percentage
In practice, reported Kansas personal representative fees often land in a rough 2%–3% range of estate value, but that's a market pattern, not a legal rate — any figure shown here is an illustrative estimate. Family representatives frequently waive the fee, since it's taxable income while an inheritance is not.
2. Attorney fee — same statute, also no schedule
3. Court & other costs
- District court filing fee — commonly $200–$400, varying by county.
- Publication to creditors — newspaper notice, three consecutive weeks (§ 59-2236) (~$100–$200).
- Bond — required unless waived by the will or all heirs (§ 59-1101/59-1104).
- Appraisal, certified copies — small additional costs.
4. No Kansas death tax
5. When probate can be simplified in Kansas
- Small estate affidavit (K.S.A. § 59-1507b) — probate estate of $75,000 or less, personal property only. No court filing — the affidavit is presented directly to the asset holder, and the statute sets no waiting period.
- Kansas Simplified Estates Act (§§ 59-3201–59-3206) — the default track for uncontested estates, with reduced court oversight compared to supervised administration.
- Kansas Informal Administration Act — a further streamlined option when all heirs agree.
- Transfer-on-death deed, joint tenancy, living trust — bypass probate entirely.
| Cost component | Kansas figure | Source |
|---|---|---|
| Personal representative fee | Reasonable; no set % (often waived) | § 59-1717 |
| Attorney fee | Reasonable; no set % (usually hourly) | § 59-1717 |
| District court filing fee | ~$200–$400 | District Court |
| Small estate affidavit | $75,000 (personal property) | § 59-1507b |
| State estate / inheritance tax | None | Kansas Dept. of Revenue |