Kansas Statutes Annotated
K.S.A. § 59-1717 (2026)
Compensation and expenses
✓ current as of May 2026 Cite as: K.S.A. § 59-1717 (2026)
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59-1717. Compensation and expenses. Every fiduciary shall be allowed his or her necessary expenses incurred in the execution of his or her trust, and shall have such compensation for services and those of his or her attorneys as shall be just and reasonable. At any time during administration the fiduciary may apply to the court for an allowance upon his or her compensation and upon attorneys' fees.
History: L. 1939, ch. 180, § 147; July 1.
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1971–2024 · leading case: Morrison v. Watkins
Morrison v. Watkins (1995)
“Watkins and Adams first state that under K.S.A. 59-1717, which provides that a fiduciaiy may recover his necessary expenses incurred in the execution of the trust, they are entitled to their expenses in defending this action.”
In Re Estate of Robinson (1984)
“59-1504 and K.S.A. 59-1717 have similar language and that cases construing 59-1717 have held that reimbursements for attorney fees are payable to the fiduciary under 59-1717 so that he can pay his attorney.”
Ladd v. Stockham (2016)
“On appeal, the Court of Appeals of Kansas stated: £We must first decide whether K.S.A. 59-1717[ 10 ] applies only when the expenses are incurred during the administration of the trust rather than after the trustees’ dismissals.”
Bertels v. Farm Bureau Property & Casualty Insurance Company (2024)
“K.S.A. § 59-1717 provides that an administrator may recover all “necessary expenses incurred in the execution of his or her [duties],” including “compensation for services and those of his or her attorneys as shall be just and reasonable.”
Jennings v. Murdock (1976)
“The trustee is entitled to an allowance for those items under K.S.A. 59-1717 and under the express terms of both the inter vivos trust and the will.”
In Re the Estate of Reynolds (1998)
“K.S.A. 59-1717 provides: “Every fiduciary shall be allowed his or her necessary expenses incurred in the execution of his or her trust, and shall have such compensation for services and those of his or her attorneys as shall be just and reasonable.”
In Re the Estate of Pritchard (2007)
“K.S.A. 59-1717 allows compensation to fiduciaries including his or her attorney fees which clearly does not apply to Margaret’s counsel.”
In re Estate of Mouchague (2019)
“The district court again awarded Diehl the attorney fees and litigation expenses related to the quiet title action but this time assessed them against the decedent's estate instead of against the Kowalskis personally.”
In re Alig (2007)
“Michaels were paid in violation of K.S.A. 59-1717. On October 13, 2005, Mr. Martin wrote to Respondent and Mr.”
In Re the Conservatorship of L.M.S. (1988)
“59-3011 ended when he was appointed as conservator, and Pfalzgraf therefore had no standing to contest the orders approving his claims against the children’s estates.”
In Re Estate of Showers (1971)
“" We express no view as to whether this is a proper construction of the statute, since the allowance of a fee to the guardian ad litem in the present case appears to be authorized under a section of the Probate Code, K.S.A. 59-1717, which provides: "Every fiduciary shall be…”
In re the Guardianship & Conservatorship of Heck (1996)
“K.S.A. 59-1717 provides that “[ejvery fiduciary shall be allowed his or her necessary expenses incurred in the execution of his or her trust, and shall have such compensation for services and those of his or her attorneys as shall be just and reasonable.”
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