How the Kansas executor fee actually works
No percentage table — and Kansas courts have a documented history of enforcing that the hard way.
1. Just and reasonable, hourly by default
K.S.A. § 59-1717: "Every fiduciary shall be allowed his or her necessary expenses incurred in the execution of his or her trust, and shall have such compensation for services and those of his or her attorneys as shall be just and reasonable." No dollar table, no percentage — compensation is grounded in the actual hours reasonably spent, supported by itemized time records.
2. A percentage isn't banned — but it isn't automatic either
Kansas practice: no statute in Kansas allows a percentage fee for handling an estate, but it's not specifically disallowed if the percentage amount is backed up with itemized time sheets and ultimately deemed reasonable by the probate court. In practice, fees are functionally hourly-rate-based, not percentage-based.
3. What happens without itemized records: a real case
Documented Kansas probate case: an attorney requested $137,115.63 in fees for handling an estate. The court approved only $58,080 — about 1.3% of the estate's value — finding the request wasn't adequately supported by contemporaneous time records. Kansas courts have functioned as a real, effective check on unsupported percentage-style requests since roughly this decision.
4. What courts actually weigh
Case law factors (First National Bank of Topeka v. United States): determining a fair and reasonable fee considers "amount involved, time and effort expended, seriousness of problems involved, the results obtained and the experience and ability" of the person performing the work.
5. Apply for an allowance any time, not just at the end
§ 59-1717: "At any time during administration the fiduciary may apply to the court for an allowance upon his or her compensation and upon attorneys' fees." A real, useful provision — compensation doesn't have to wait until final settlement.
| Component | Kansas figure |
|---|---|
| Statutory formula | None — "just and reasonable" only |
| Commonly cited informal range | ~1.8% – 2.9% of estate value |
| Real documented outcome without itemization | ~1.3% (cut from a much higher request) |