Executor Compensation and Fees (KS)
If the will does not specify how executor compensation should be calculated, KS estates must follow state compensation rules (see KS calculator below).
In Kansas, the estate executor is known as a "personal representative", or more generally, a "fiduciary".
Kansas statute says only that executors are entitled to "just and reasonable" compensation.
In practice, this means that the following factors are often considered:
- Nature of the work involved (time, effort, difficulty, skills required)
- Compensation customarily charged (in the community for similar services)
- Size of the estate (and the results obtained)
- Any time limitations
- Experience and capabilities of the person
It's common in Kansas to use a "services-rendered" approach, and bill by the hour (the hourly rate can be determined according to the factors above). Executors have also traditionally set fees as a percentage of the overall estate value (see below). Whatever approach you decide, it is important that you keep detailed records of your efforts in case you need to justify your fee in court:
- Nature of the task (e.g., Drove to bank to get medallion stamp for IBM stock)
- Amount of time spent (e.g., 2 hours)
- Hourly rate for the task (e.g., $35/hour)
- Results (e.g., sold the car for Blue Book value)
To make all this a little more concrete, a Kansas estate worth $450K that required 800 hours of effort might generate $18K in executor fees (see calculator below).
Fees of executors must be approved by the court if the estate is going through probate, even if there is a fee agreement between the heirs and the executor.
KS Compensation Calculator
EstateExec provides the following executor compensation estimator for KS estates, but please keep in mind that there are no hard and fast rules for KS estates, and ultimately you must determine what would be reasonable for your particular circumstances. By using this estimator, you acknowledge that EstateExec provides any results as informational input only, not as legal advice, and cannot be held responsible for any inaccuracies for, or misunderstandings about, any given estate.
Below EstateExec provides two compensation approaches: you can decide which, if either, is appropriate for you. The first uses a sliding percentage scale based on the total estate gross value (the larger the estate, the smaller the percentage); the second simply compensates the executor for the value of his or her time, and is the more common approach in KS. See estimation methodology for details.
You can use this calculator now, but if you use EstateExec to help you track the settlement process, it will automatically calculate the inputs for you based on the estate and suggest those values in the fields below (you can create an estate for free).
See also Compensation for general remarks on executor compensation.