Ky. Rev. Stat. » Chapter 395
Kentucky Revised Statutes

Ky. Rev. Stat. § 395.150 (2026)

Compensation of representatives

✓ current as of May 2026
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(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 decedent'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. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3883.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1943–2021 · leading case: Hale v. Moore, 289 S.W.3d 567 (Ky. Ct. App. 2008).
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Hale v. Moore, 289 S.W.3d 567 (Ky. Ct. App. 2008). · cites it 5× “Further, Fernandez acknowledged her work on the estate tax returns was not extraordinary or unusual and admitted she did not seek district court approval, as required by KRS 395.150, before billing for "additional fees" above the statutory maximum.”
Kentucky Bar Ass'n v. Greene, 386 S.W.3d 717 (Ky. 2012). · cites it 3× “Nevertheless, the trial commissioner and the Board determined that Respondent violated Profumo and KRS 395.150(2) in at least two ways: (1) because he took executor fees for “unusual or extraordinary” services from the Estate account without the prior consent and approval of the…”
Kentucky Bar Ass'n v. Edward L. Jacobs, 387 S.W.3d 332 (Ky. 2012). · cites it 8× “On August 23, 2011, the trial commissioner filed his Report with the Disciplinary Clerk in which he recommended that Respondent be found guilty (in part) of Count I and not guilty of the other two counts.”
Kentucky Bar Ass'n v. Fernandez, 397 S.W.3d 383 (Ky. 2013). · cites it 11× “5(a) states, “[a] lawyer’s fee shall be reasonable[,]” and KRS 395.150 provides: (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…”
Kentucky Bar Ass'n v. Profumo, 931 S.W.2d 149 (Ky. 1996). · cites it 4× “” KRS 395.150 establishes a ceiling for an executor’s commission, not a base.”
Panke v. Louisville Trust Co., Etc., 198 S.W.2d 313 (Ky. Ct. App. 1946). · cites it 2× “65, retained in excess of the maximum statutory compensation to which a personal representative was entitled at the time and now (Section 3883, Kentucky Statutes, now KRS 395.150) and *581 $5,000 which the Trust Company, as executor, paid to attorneys, less whatever sum the…”
Monin v. Monin, 156 S.W.3d 309 (Ky. Ct. App. 2005). “The cross-appellants objected to Leggett’s request and argued that the 5% fee for personal representatives as set forth in KRS 395.150, or a fee akin to the one authorized for trustees under KRS 386.”
Baker's Heirs v. Dixon Bank & Trust Co., 168 S.W.2d 24 (Ky. Ct. App. 1943). · cites it 2× “These exceptions were overruled and the heirs are now asking this Court to reverse the judgment of the circuit court to that effect.”
Peoples State Bank & Trust Co. v. Hodgkin, 287 S.W.2d 425 (Ky. Ct. App. 1956). “’ We are not at all in accord with the view of the executor that under KRS 395.150(1) it is entitled as a matter of course to a fee of five percent of the total value of the estate, even though it may be said to have been reduced to personalty.”
Robinson's Ex'rs v. Robinson, 179 S.W.2d 886 (Ky. Ct. App. 1944). “’ ’ But it is argued that as the attorney in the instant case refused to accept employment at the figure named in the will and as the executors agreed to pay him a reasonable fee for the services to be performed, the attorney did not enter upon his duties, with the knowledge…”
Kenneth Brandon Keith Individually v. Debra Cross of the Est. of Judith Magers Keith (Ky. Ct. App. 2021). “KRS 395.150(1) specifies the following formula for calculating an executor’s fee: “The compensation of an -26- 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%)…”
— Ky. Rev. Stat. § 395.150(1) — 6 cases
Kentucky Bar Ass'n v. Fernandez, 397 S.W.3d 383 (Ky. 2013). “5(a) states, “[a] lawyer’s fee shall be reasonable[,]” and KRS 395.150 provides: (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…”
Kentucky Bar Ass'n v. Edward L. Jacobs, 387 S.W.3d 332 (Ky. 2012). “On August 23, 2011, the trial commissioner filed his Report with the Disciplinary Clerk in which he recommended that Respondent be found guilty (in part) of Count I and not guilty of the other two counts.”
Hale v. Moore, 289 S.W.3d 567 (Ky. Ct. App. 2008). “Further, Fernandez acknowledged her work on the estate tax returns was not extraordinary or unusual and admitted she did not seek district court approval, as required by KRS 395.150, before billing for "additional fees" above the statutory maximum.”
Kentucky Bar Ass'n v. Profumo, 931 S.W.2d 149 (Ky. 1996). “” KRS 395.150 establishes a ceiling for an executor’s commission, not a base.”
Peoples State Bank & Trust Co. v. Hodgkin, 287 S.W.2d 425 (Ky. Ct. App. 1956). “’ We are not at all in accord with the view of the executor that under KRS 395.150(1) it is entitled as a matter of course to a fee of five percent of the total value of the estate, even though it may be said to have been reduced to personalty.”
— Ky. Rev. Stat. § 395.150(2) — 4 cases
Kentucky Bar Ass'n v. Greene, 386 S.W.3d 717 (Ky. 2012). “Nevertheless, the trial commissioner and the Board determined that Respondent violated Profumo and KRS 395.150(2) in at least two ways: (1) because he took executor fees for “unusual or extraordinary” services from the Estate account without the prior consent and approval of the…”
Kentucky Bar Ass'n v. Edward L. Jacobs, 387 S.W.3d 332 (Ky. 2012). “On August 23, 2011, the trial commissioner filed his Report with the Disciplinary Clerk in which he recommended that Respondent be found guilty (in part) of Count I and not guilty of the other two counts.”
Kentucky Bar Ass'n v. Profumo, 931 S.W.2d 149 (Ky. 1996). “” KRS 395.150 establishes a ceiling for an executor’s commission, not a base.”
Kentucky Bar Ass'n v. Fernandez, 397 S.W.3d 383 (Ky. 2013). “5(a) states, “[a] lawyer’s fee shall be reasonable[,]” and KRS 395.150 provides: (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…”
— Ky. Rev. Stat. § 395.150(2)(a) — 3 cases
Kentucky Bar Ass'n v. Greene, 386 S.W.3d 717 (Ky. 2012). “Nevertheless, the trial commissioner and the Board determined that Respondent violated Profumo and KRS 395.150(2) in at least two ways: (1) because he took executor fees for “unusual or extraordinary” services from the Estate account without the prior consent and approval of the…”
Hale v. Moore, 289 S.W.3d 567 (Ky. Ct. App. 2008). “Further, Fernandez acknowledged her work on the estate tax returns was not extraordinary or unusual and admitted she did not seek district court approval, as required by KRS 395.150, before billing for "additional fees" above the statutory maximum.”
Kentucky Bar Ass'n v. Edward L. Jacobs, 387 S.W.3d 332 (Ky. 2012). “On August 23, 2011, the trial commissioner filed his Report with the Disciplinary Clerk in which he recommended that Respondent be found guilty (in part) of Count I and not guilty of the other two counts.”
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