Although many executors of wills manage the administration of the deceased person’s (decedent’s) estate without compensation, a person who makes a will (testator) may provide for compensation of the executor in the will. And many states have laws (statutes) that provide a formula for calculating the compensation of an executor. These laws vary from state to state and are often located in the estates code, probate code, or similarly-named code.
In Kansas, the compensation of an executor of a will, also known as a personal representative, is addressed under the Kansas Probate Code. While the testator can specify in the will the amount of compensation for the executor, if the will does not mention compensation or the executor is not satisfied with the compensation, Kansas statutes provide guidance. According to K.S.A. 59-1717, the court may allow the executor reasonable compensation for their services. Kansas does not have a specific statutory formula for calculating executor compensation; instead, the compensation is determined based on what is 'reasonable' considering the time, effort, difficulty of the task, the skills required, the fiduciary responsibility, the size of the estate, and the results obtained. The executor may also be reimbursed for any reasonable expenses incurred in the administration of the estate. If any interested parties dispute the executor's compensation, the court will resolve the issue.