Quick answer: KRS § 395.150(1) caps Kentucky executor compensation at 5% of the value of the decedent's personal estate, plus a separate 5% of any income the executor collects during administration. Real property is excluded from the personal-estate calculation entirely — not just when it isn't sold, the way some states handle it. Get an illustrative estimate with the Kentucky executor fee calculator.
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 entirely separate calculations, added together — a personal-estate commission and an income commission, each capped independently at 5%.
Real property is excluded, categorically
This is Kentucky's most distinctive feature: real property simply isn't part of the "personal estate" figure used in the 5% calculation. This is a full, categorical exclusion — different from states where real estate counts only if actually sold. Assets that pass outside probate with a named beneficiary (a 401(k), an IRA, a life insurance policy) also fall outside this calculation, same as in most states.
Extraordinary services: an additional, court-approved allowance
§ 395.150(2): "If the personal representative proves he performed services for the estate that are above and beyond what is normally required, he may be awarded additional money by the court." This is the mechanism for compensating real-estate-related work or other unusual effort that the standard 5%+5% doesn't otherwise capture — but it requires proving the extraordinary nature of the work to the court.
A real case: what happens when you skip approval
Kentucky Bar Association v. Jacobs (2012): an attorney serving as both executor and estate attorney for a $469,277.71 estate was disciplined for collecting compensation "more than twice the maximum authorized by KRS 395.150(1)" and for doing so "without seeking the prior approval from the court." His combined attorney-and-executor fees totaled more than 10% of the estate's value. The disciplinary panel cited Morgan v. Meacham, 279 Ky. 526, 130 S.W.2d 992 (Ky. 1938) — a case from 1938, still cited today, that governs the separate compensation rules for someone serving in both roles at once. Independently confirmed: Jacobs's Kentucky bar record shows a suspension issued in 2012.
Worked examples
| Personal estate value | 5% ceiling |
|---|
| $100,000 | $5,000 |
| $500,000 | $25,000 |
| $1,000,000 | $50,000 |
Each figure is 5% of the personal-estate value alone, with real property excluded before this calculation even starts. Add 5% of any income collected, and model your own estate in the calculator.
Facing probate in Kentucky?A local probate attorney can review your estate — many offer a free consultation.
Talk to a Kentucky attorneyEstimate for general guidance only, not legal advice. Based on KRS ยง 395.150 and Kentucky Bar Association v. Jacobs (2012). Figures are statutory maximums, not guaranteed amounts - the probate court has final say over what's actually paid. Verify with the probate court or a licensed Kentucky attorney.