Kansas Executor Fee: How Much Is It, Really?

Q: Why does Kansas law use only the phrase "just and reasonable" with nothing else attached?

Section 59-1717 was written as a bare standard without a percentage table or dollar schedule, leaving the probate court to determine reasonableness case by case based on the actual work performed.

Q: Does the First National Bank of Topeka case set a percentage rate for Kansas executors?

No - it lists factors like amount involved, time and effort, difficulty, results, and experience for courts to weigh, without assigning any of them a specific percentage or dollar value.

Q: Is the 1.8%-2.9% range cited for Kansas fees a legal standard?

No - it's an informal observation about typical outcomes when expressed as a percentage, not a rule, and the documented 1.3% case shows courts can land meaningfully below it without adequate support.

Q: Can a Kansas fiduciary request partial payment mid-administration?

Yes - Section 59-1717 explicitly allows the fiduciary to apply to the court for an allowance on compensation and attorney fees at any time during administration, not only at final settlement.

Quick answer: K.S.A. § 59-1717 sets no statutory percentage at all. A fiduciary is entitled to compensation that is "just and reasonable," which in practice means hourly work backed by itemized time records — not a share of the estate's value. Get an illustrative estimate with the Kansas executor fee calculator.

Just and reasonable, no table attached

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." Two words carry the whole standard — "just and reasonable" — with nothing else attached.

A percentage isn't banned, but it needs real support

Kansas practice: no statute in Kansas allows a percentage fee for handling a decedent's 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. The practical effect is that Kansas compensation functions as hourly-rate billing, not a percentage formula.

A real case, and what it cost to skip the paperwork

Documented Kansas probate outcome: an attorney requested $137,115.63 in fees. 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. The court's reasoning made clear that an award of fees based on a percentage of an estate isn't justified without that kind of documentation. Since roughly this decision, Kansas courts have operated as a genuinely effective check on unsupported billing.

What courts actually weigh

First National Bank of Topeka v. United States: determination of a fair and reasonable fee "must give consideration to amount involved, time and effort expended, seriousness of problems involved, the results obtained and the experience and ability" of the person doing the work.

Request 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." Compensation doesn't have to wait for the estate to close.

A sense of typical figures

Practitioners commonly cite a rough working range of about 1.8% to 2.9% of estate value as roughly what ends up being allowed once expressed as a percentage — though this is an informal observation about outcomes, not a rule, and the real 1.3% case above shows courts can land meaningfully below even that range when the paperwork doesn't support more.

Facing probate in Kansas?

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Kansas executor fee — frequently asked questions

Why does Kansas law use only the phrase "just and reasonable" with nothing else attached?

§ 59-1717 was written as a bare standard without a percentage table, leaving the court to determine reasonableness case by case based on the actual work performed.

What specifically made the $137,115.63 Kansas fee request fail?

The court found the request wasn't adequately supported by contemporaneous time records — the amount itself wasn't the problem, the lack of documentation was.

Does the First National Bank of Topeka case set a percentage rate for Kansas executors?

No — it lists factors like time, difficulty, and results for courts to weigh, without assigning any of them a specific percentage.

Is the 1.8%-2.9% range cited for Kansas fees a legal standard?

No — it's an informal observation about typical outcomes, not a rule, and courts can land meaningfully below it without adequate support.

Can a Kansas fiduciary request partial payment mid-administration?

Yes — § 59-1717 explicitly allows applying for an allowance at any time during administration.

Estimate for general guidance only, not legal advice. Based on K.S.A. § 59-1717. Kansas sets no statutory percentage or fixed hourly rate. Verify with the probate court or a licensed Kansas attorney.