How much does probate cost in Kansas?

The short answer

Kansas does not set probate fees by statute. Costs depend on the attorney’s billing arrangement, the type of administration, and the size and complexity of the estate. Here’s what to expect, and the ways many families avoid full probate entirely.

Attorney fees

Not statutory. Under K.S.A. §59-1717 the court allows fees that are 'just and reasonable' based on the time, effort, and complexity involved. There is no percentage schedule; attorneys generally bill a flat fee or hourly.

Executor / personal representative fees

K.S.A. §59-1717 also governs the executor or administrator: compensation is whatever is 'just and reasonable,' not a fixed percentage. Family fiduciaries often waive the fee.

What the fee is based on

Kansas ties both attorney and fiduciary fees to reasonable value rather than the size of the estate, so they track the work performed rather than a percentage of the estate, as they do in states such as Iowa or California.

Court filing fees

$109.50 to open a probate case. K.S.A. 59-104(a)(1) sets the docket fee for “probate of an estate or of a will” at $109.50. The same section provides that the docket fee “shall be the only fee collected” and may be established “only by an act of the legislature,” so it does not vary by county. Separately, 59-104(a)(2) lets the Kansas Supreme Court impose an additional charge of up to $22 per docket fee to fund the costs of non-judicial personnel; 2026 House Bill 2393, signed by the Governor, extends that authority through June 30, 2030. Where the Supreme Court imposes the full charge the total is $131.50 — we have not read the Supreme Court order setting the current amount. The statute text published by the Revisor of Statutes and by the Legislature still shows the earlier sunset of June 30, 2025, which is why older sources differ. Other probate docket fees under 59-104(a)(1): determination of descent of property $49.50; refusal to grant letters of administration $48.50; filing a will and affidavit under K.S.A. 59-618a $48.50; certified probate proceedings under K.S.A. 59-213 $23.50; decrees in probate from another state $173.00.

Appraisal / probate referee

Not used. Kansas does not appoint a state appraiser. The fiduciary files an inventory and valuation under K.S.A. §59-1201 and may retain appraisers where needed.

How long probate takes in Kansas

We found no published source for how long probate takes in Kansas as of September 2026. No Kansas court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: A demand is forever barred unless presented within the later of four months from the date of first publication of the notice under K.S.A. §59-2236, or, for a creditor whose identity is known or reasonably ascertainable, 30 days after actual notice was given (K.S.A. §59-2239(1)). The same subsection adds a separate rule that is not a claim period: no creditor has any claim against or lien upon the decedent's property, other than liens existing at the date of death, unless a petition for probate of the will or for administration is filed within six months after the death.

Creditor claim period

A demand is forever barred unless presented within the later of four months from the date of first publication of the notice under K.S.A. §59-2236, or, for a creditor whose identity is known or reasonably ascertainable, 30 days after actual notice was given (K.S.A. §59-2239(1)). The same subsection adds a separate rule that is not a claim period: no creditor has any claim against or lien upon the decedent's property, other than liens existing at the date of death, unless a petition for probate of the will or for administration is filed within six months after the death. In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.

How to skip full probate (or shrink the bill)

• Small-estate procedure. K.S.A. §59-1507b(a) applies where "the total assets of the estate of the decedent subject to probate do not exceed $75,000 in value", and then requires any person or entity holding personal property transferable to the estate to transfer it to a claiming successor on an affidavit of entitlement, without letters of administration or letters testamentary having been granted. The threshold is measured on total probate assets, not on personal property alone, though personal property is what the affidavit transfers.
• Transfer-on-death deed. K.S.A. §59-3501(a) provides that an interest in real estate may be titled in transfer-on-death form by recording a deed signed by the record owner designating a grantee beneficiary, that such a deed "shall transfer ownership of such interest upon the death of the owner", and that it "need not be supported by consideration". Under §59-3501(b) no signature, consent, agreement or notice to the grantee beneficiary is required during the record owner's lifetime. The section was enacted by L. 1997, ch. 176, §1; no claim about where that sits among the states is stated here, because no source for one was read.
• A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
• Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
• Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.

Whether representation is required in Kansas

Kansas does not require an estate to be represented by counsel in every proceeding; the court’s self-help materials set out where a personal representative may file without an attorney. Full probate carries formal filing requirements and statutory deadlines, and estates qualifying for a small-estate or summary procedure follow a shorter track with lower filing costs. Legal document preparers operate in some states at a flat fee, subject to state rules on unauthorised practice.

What the record shows

Probate cost in Kansas is the sum of separately-set components: statutory or court-approved attorney fees, executor commissions, court filing fees, and appraisal costs. Each is documented above with its citation.

Assets that pass outside probate — by beneficiary designation, joint ownership with survivorship, transfer-on-death instrument, or a funded living trust — are not part of the estate these fees are calculated on. Kansas’s small-estate threshold, above, determines which estates can use the simplified procedure.

Frequently asked questions about probate cost in Kansas

How much does probate cost in Kansas?

Kansas does not set probate attorney or executor fees by statute — both must simply be ‘just and reasonable’ under K.S.A. §59-1717. The statutory docket fee is $109.50 (K.S.A. 59-104(a)(1)) and is the same in every county. We found no published source for what probate costs in total in Kansas as of September 2026; the ranges that are published come from law firms and from sites paid to refer customers to them.

What is the small-estate limit in Kansas?

K.S.A. §59-1507b(a) applies where "the total assets of the estate of the decedent subject to probate do not exceed $75,000 in value", and then requires any person or entity holding personal property transferable to the estate to transfer it to a claiming successor on an affidavit of entitlement, without letters of administration or letters testamentary having been granted. The threshold is measured on total probate assets, not on personal property alone, though personal property is what the affidavit transfers.

Who pays the probate costs in Kansas?

The estate does. Attorney fees, the executor’s commission, court filing fees, and any appraisal costs are all paid out of the estate’s assets before anything is distributed to the beneficiaries — so in practice the heirs bear the cost through a smaller inheritance rather than paying out of pocket.

Can you avoid probate costs in Kansas?

Kansas provides a transfer-on-death deed for real estate (K.S.A. §59-3501), payable-on-death and beneficiary designations for accounts, and the affidavit procedure in K.S.A. §59-1507b, which applies where the total assets of the decedent's estate subject to probate do not exceed $75,000 in value.

How long does probate take in Kansas?

We found no published source for how long probate takes in Kansas as of September 2026. No Kansas court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: A demand is forever barred unless presented within the later of four months from the date of first publication of the notice under K.S.A. §59-2236, or, for a creditor whose identity is known or reasonably ascertainable, 30 days after actual notice was given (K.S.A. §59-2239(1)). The same subsection adds a separate rule that is not a claim period: no creditor has any claim against or lien upon the decedent's property, other than liens existing at the date of death, unless a petition for probate of the will or for administration is filed within six months after the death. The deadlines that run alongside it: How Long Does Probate Take in Kansas?.

Related reading

• What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.

• How to Avoid Probate in Kansas — the state-specific avoidance playbook.

• Executor Deadlines in Kansas — the statutory dates the executor works to, quoted from Kan. Stat. Ann. §59-2239(1).

• How Long Does Probate Take in Kansas? — the companion timeline guide for Kansas.

• Will vs. Trust: How They Differ — the documented differences between the two instruments.

• Estate Planning Checklist: Everything in One Place — the documents and decisions that determine what passes through probate.

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This page explains Kansas probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the Kansas courts or a licensed Kansas attorney. Sources: K.S.A. §59-1717, K.S.A. §59-1507b, K.S.A. §59-2239, K.S.A. §59-3501.