In This Guide
Plain English Explanation
California law sets specific percentages for how much attorneys and executors/administrators can charge in probate. The fee is based on the gross estate value (before debts). For the first $100,000, they get 4%. For the next $100,000, they get 3%. For the next $800,000, they get 2%. For the next $9 million, they get 1%. And for the next $15 million, they get 0.5%. These fees apply to BOTH the attorney AND the personal representative - so the estate pays double the calculated amount.
Key Points to Remember
Full Statutory Text
(a) Subject to the provisions of this part, for ordinary services the attorney for the personal representative shall receive compensation based on the value of the estate accounted for by the personal representative, as follows: (1) Four percent on the first one hundred thousand dollars ($100,000). (2) Three percent on the next one hundred thousand dollars ($100,000). (3) Two percent on the next eight hundred thousand dollars ($800,000). (4) One percent on the next nine million dollars ($9,000,000). (5) One-half of one percent on the next fifteen million dollars ($15,000,000). (6) For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court. (b) For the purposes of this section, the value of the estate accounted for by the personal representative is the total amount of the appraisal value of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property.
California Probate Code Section 10810
Practical Application
When planning for probate costs, remember that these statutory fees are just one component. A $500,000 estate will pay approximately $26,000 in statutory fees ($13,000 each to attorney and personal representative), plus court filing fees (~$500), probate referee fees (0.1% of appraised assets), and potentially extraordinary fees if the estate requires litigation or unusual work.
Important Deadlines
- Final accounting must be filed before fees are approved
Practical Tips
- Always calculate fees on GROSS estate value, not net
- Remember the estate pays DOUBLE - once to attorney, once to personal representative
- If you're the personal representative and beneficiary, consider waiving your fee
- Ask your attorney upfront about potential extraordinary fee requests
- Get fee agreement in writing before hiring a probate attorney
Frequently Asked Questions
Are probate attorney fees negotiable in California?
What counts toward estate value for calculating fees?
Can the executor waive their fee?
What are extraordinary fees?
How do I calculate fees for my estate?
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