Kansas Probate Cost: Full Breakdown

Exactly what you pay to settle an estate in Kansas — reasonable personal representative and attorney fees with no fixed percentage, district court fees, and publication — with worked examples. No death tax, statute cited.

K.S.A. § 59-1717 FigureMyTax Editorial Team

Quick answer: Kansas is unusual: one statute — K.S.A. 59-1717 — covers both the personal representative fee and the attorney fee, and neither has a fixed percentage. The District Court sets both as reasonable amounts. Reported fees often land in a rough 2%–3% market range each, plus a district court filing fee of roughly $200–$400. There's no death tax. Get your own estimate with the Kansas probate cost calculator.

1. One statute, two fees, no schedule

K.S.A. § 59-1717: "Every fiduciary shall be allowed his or her necessary expenses... and shall have such compensation for services and those of his or her attorneys as shall be just and reasonable." Both fees come from the same sentence — no separate schedule for either one, unlike states that fix a percentage by statute.

Because neither fee is fixed by statute, any percentage shown in this guide (including our calculator's ~2.5% default for each) is an illustrative market-rate estimate, not a legal rate. Ask your District Court or attorney what your specific court typically allows.

2. Court cost & the tax picture

Court: district court filing runs roughly $200–$400 depending on county; publication (three weeks, § 59-2236) adds ~$100–$200. No death tax: Kansas repealed its inheritance tax in 1998, and its estate tax zeroed out after 2009 — only the federal estate tax can apply, above the federal exemption.

Illustrative worked totals

At an illustrative ~2.5% each for the personal representative and attorney (market pattern, not statutory):

Estate valuePR fee (est.)Attorney (est.)Filing + pub.Approx. total
$100,000$2,500$2,500$450≈ $5,450
$300,000$7,500$7,500$450≈ $15,450
$500,000$12,500$12,500$450≈ $25,450

Filing + pub. = $300 filing + $150 publication. Personal representative and attorney figures are illustrative only — Kansas sets no statutory percentage, and family representatives often waive their fee entirely. Run your own numbers in the calculator.

How to reduce Kansas probate costs

  • Use the small estate affidavit — personal property up to $75,000, no court filing at all (§ 59-1507b).
  • Use simplified administration under the Kansas Simplified Estates Act for uncontested estates.
  • Personal representative waives the fee if a family member and beneficiary.
  • A living trust or TOD deed keeps assets out of probate.

Kansas probate cost — frequently asked questions

Why does one Kansas statute cover both the executor and attorney fee?

§ 59-1717 treats both as services the fiduciary is responsible for arranging, so the legislature wrote a single just-and-reasonable standard covering both together.

Can Kansas courts reduce a fee request even without a beneficiary objecting?

Yes — the court reviews and approves fees for reasonableness as part of its own oversight, independent of whether any interested party formally objects.

Does the lack of a percentage schedule make Kansas probate cheaper than schedule states?

Not necessarily — illustrative estimates in Kansas often land in a similar overall range, though the itemized-hours requirement can push simple estates lower.

Is the Kansas district court filing fee a major cost driver?

No — at roughly $200 to $400, it's minor compared to the personal representative fee and attorney fee.

Does naming a spouse as sole beneficiary reduce Kansas probate costs?

Not directly through the fee statute itself, since Kansas fees are based on reasonableness rather than who inherits.

Facing probate in Kansas?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Kansas attorney

Estimate for general guidance only, not legal or tax advice. Kansas sets no statutory percentage for the personal representative fee or the attorney fee; both are "just and reasonable" amounts under K.S.A. § 59-1717, approved by the District Court. Figures shown are illustrative market-rate estimates, not legal rates. Small estate affidavit $75,000 of personal property, no waiting period (§ 59-1507b). Kansas has no estate or inheritance tax. Verify with the District Court or a licensed Kansas attorney.