Cost of Probate in Kansas

Upon the passing of an estate owner in Kansas, it’s fairly common for his or her estate to go through a process known as probate. The court-supervised proceeding exists to designate an Executor (Personal Representative) who can start the process of settling an estate by paying off debts and taxes so the remaining assets can then be distributed to heirs. 

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Probate can be stressful and time-consuming. But more than that, it can potentially be costly. If you’re about to open probate, it can be a good idea to take the time to learn about the costs associated with the process. The average cost of probate in Kansas can have a drastically wide range, and that scope can stem from several things, such as: 

• The size of an estate

• How complex an estate is

• Whether or not any heirs will contest anything

• What type of Estate Plans have been set up

• Etc.

Common Probate Fees in Kansas

Probate fees in Kansas aren’t set in stone, but there are some common fees that are pretty typical and you should be prepared to pay. Some of the fees may be: 

• Filing fees

• Court fees

• Personal Representative compensation - Kansas is a reasonable compensation state

• Attorney fees

• Miscellaneous professional fees

• Probate/Executor/Fiduciary/Surety Bond (if required)

• Etc. 

There’s no set standard rate or cost for the probate process in Kansas. A large portion of the fees come from the basic expenses associated with settling the estate. Certain things (like lack of a Will) can increase the cost substantially.

Common Questions About Probate in Kansas

How Long Does Probate Take in Kansas?

In Kansas, the probate process can range from a few months to well over a year. With extremely complicated estates, the process can even take several years to fully close.  

How Much Does a Probate Lawyer Cost in Kansas?

Probate attorney fees in Kansas will vary. Some factors to consider could include how large the estate is and how experienced the attorney you use is. It’s not uncommon for a probate lawyer to cost up to five percent of an estate’s value in Kansas.     

How to Avoid Probate in Kansas

It is possible to avoid probate in Kansas. You can do so by:

• Setting up a Revocable Living Trust

• Keeping all beneficiary and contingent designations up-to-date

• Titling property in Joint Tenancy

Also, any estate that doesn’t meet the threshold of a “small estate” can avoid probate. 

What is Considered a Small Estate in Kansas?

If an estate is valued at less than $40,000, you can use the Affidavit process to settle the estate. There is also a summary probate procedure, but the court must first approve it. 

Who Pays Probate Fees in Kansas?

All fees related to probate, even probate lawyer fees, in Kansas are paid for out of the estate.