Understanding Personal Representative Commissions in Kansas
Under Kansas law, a personal representative (PR) may seek reasonable compensation—often called commissions—for managing estate assets and for proceeds from estate property sales. This process requires court approval and must comply with the Kansas Probate Code.
What does Kansas law say?
Under K.S.A. 59-2251, the probate court “shall allow as compensation to the personal representative reasonable fees for services performed.” You can view the statute here. Kansas statutes do not set specific commission percentages. Instead, the court evaluates compensation based on the estate’s complexity, the services performed, and customary practices.
When can a personal representative request commissions?
- If the will specifies commissions, the court generally honors those terms unless they seem unreasonable.
- Absent a will provision, the PR should petition the court for fees. This petition often occurs with the PR’s final accounting.
- Any sale of estate property triggers additional work—handling the sale, closing, and distribution—justifying a commission request on sale proceeds.
How does the court determine “reasonable”?
The court considers factors such as:
- The size and nature of the estate
- The complexity of assets and transactions
- The time and skill invested by the PR
- Risk undertaken by the PR
Courts compare requests to customary fees in similar estates to ensure fairness.
Steps to Seek a Commission
- Keep detailed records of all services and time spent.
- Prepare a final accounting of estate assets and distributions.
- File a petition for allowance of fees under K.S.A. 59-2251 with the probate court.
- Provide notice of your fee petition to all beneficiaries.
- Attend the court hearing if beneficiaries object.
Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Check Kansas probate court local rules for fee petition requirements.
- Discuss anticipated fees with beneficiaries early to avoid disputes.
- Maintain clear records of work and expenses for transparency.
- Review the will carefully for any compensation clauses.
- Consider hiring probate counsel to assist with complex estates.