Legal Question in Wills and Trusts in Kentucky

Re: Executor

A Petition must be filed in Probate Division of District Court. There are court filing fees, bond fees, and miscellaneous small fees, if you do it yourself. If you retain legal counsel, of course, there will be attorney fees. These come from the Estate, not the Executor. The Executor is entitled to a small fee, up to 5%. I am copying KRS 395.150 Compensation of representatives, for your convenience:

(1) The compensation of an executor, administrator or curator, for services as such,

shall not exceed five percent (5%) of the value of the personal estate of the

decedent, plus five percent (5%) of the income collected by the executor,

administrator or curator for the estate.

(2) Upon proof submitted showing that an executor, administrator or curator has

performed additional services in the administration of the decendent's estate, the

court may allow to the executor, administrator or curator such additional

compensation as would be fair and reasonable for the additional services rendered, if

the additional services were:

(a) Unusual or extraordinary and not normally incident to the administration of a

decedent's estate; or

(b) Performed in connection with real estate or with estate and inheritance taxes

claimed against property that is not a part of the decedent's estate but is

included in the decedent's estate for the purpose of asserting such taxes.