Kansas Probate Real Estate Sale Calculator

A will-based power of sale comes from the will itself, not the courthouse — but the executor still has to be appointed and qualified first.

Based on K.S.A. 59-1413, 59-1410 FigureMyTax Editorial Team Free · no sign-up

Selling a Kansas probate house

Enter the sale price to see the typical cost picture.

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Estimated cost of this Kansas probate sale
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Facing probate in Kansas?

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The power comes from the will, not the court

What makes Kansas different: K.S.A. 59-1413 lets an executor exercise a will-based power of sale without any order of the district court, unless the will provides otherwise. Kansas case law confirms the power to sell under a will "is not derived from probate court, but from the will" itself.

No power of sale? Three specific paths remain

K.S.A. 59-1410 lets the executor sell when necessary to pay funeral expenses, last-sickness costs, administration expenses, taxes, debts, or legacies charged on the real estate; when the court finds the property a "wasting asset" whose retention would harm the estate; or whenever the court determines a sale otherwise serves the estate's best interests.

No statutory fee percentage

K.S.A. 59-1717 requires only "just and reasonable" compensation as the court allows — no fixed percentage, with courts weighing time, complexity, skill, and results. Co-executors typically share a single reasonable fee.

No state estate or inheritance tax

Kansas imposes neither. See Capital Gains Tax on the Sale for Kansas's own income tax treatment of the gain.

Kansas probate real estate sale — frequently asked questions

Does a Kansas executor need court approval to sell the house?

Not if the will grants a power of sale — K.S.A. 59-1413 lets the executor exercise that power without any order of the district court, unless the will itself provides otherwise.

What if the will doesn't grant a power of sale?

K.S.A. 59-1410 lets the executor sell when necessary to pay debts and expenses charged on the real estate, when the court finds the property a wasting asset, or whenever the court determines a sale otherwise serves the estate's best interests.

How much does a Kansas executor get paid for selling the house?

K.S.A. 59-1717 requires only "just and reasonable" compensation as the court allows — there's no statutory percentage, with courts weighing time, complexity, skill, and results.

Does Kansas have a state estate or inheritance tax on the sale?

No — Kansas's estate tax was eliminated when the federal state death tax credit it relied on was phased out, and Kansas has no separate inheritance tax.

What is Kansas's state tax rate on the sale's gain?

Up to 5.58% for 2026, taxed as ordinary income with no separate rate for long-term gains.

Same statute, every district court

Johnson County (Kansas City metro) and Sedgwick County (Wichita) handle Kansas's highest probate volumes, but K.S.A. 59-1413 and 59-1410 apply identically statewide.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on K.S.A. 59-1413, 59-1410, 59-1717, and typical realtor commission rates. Actual costs depend on the estate's own facts. Confirm current figures with the District Court or a licensed Kansas attorney before acting.