How the Kentucky executor fee actually works
An old, stable statute — recodified in 1942 and essentially unchanged since — with two entirely separate 5% ceilings and real estate excluded from the calculation.
1. Two independent 5% ceilings
KRS § 395.150(1): "The compensation of an executor, administrator or curator, for services as such, shall not exceed five percent (5%) of the value of the personal estate of the decedent, plus five percent (5%) of the income he collects." These are two separate calculations added together — not one combined 5%.
2. Real property is excluded from the base entirely
Personal estate, as used in § 395.150(1): real property isn't included in this calculation at all — unlike states where real estate counts only if sold, Kentucky's "personal estate" figure simply doesn't include real property in the first place. Assets that pass outside probate with a named beneficiary (like a 401(k), IRA, or life insurance policy) also aren't part of the probated estate used for this calculation.
3. Extraordinary services can add more, with court approval
§ 395.150(2): if the personal representative proves they performed services above and beyond what's normally required, the court may award additional compensation — a real avenue for real-estate-related or other unusual work that the standard 5%+5% doesn't otherwise capture.
4. A real case: exceeding the cap without approval has consequences
Kentucky Bar Association v. Jacobs (2012): an attorney serving as both executor and estate attorney was disciplined for collecting fees "more than twice the maximum authorized by KRS 395.150(1)" on a $469,277.71 estate, and for doing so "without seeking the prior approval from the court." Combined attorney-and-executor fees totaled more than 10% of the estate's value. The case cites Morgan v. Meacham, 279 Ky. 526 (1938), which governs the separate compensation rules for someone serving as both executor and attorney — a real, decades-old precedent still cited today.
| Component | Kentucky figure |
| Personal estate value | Up to 5% |
| Income collected | Up to 5% (separate) |
| Real property | Excluded from the base |
| Extraordinary services | Additional, with court approval |