Probate Referees, Personal Representatives (both Executors and Administrators), and attorneys are paid according to law. These are called statutory fees.
Under probate code 8961, the probate referee “shall receive … one-tenth of one percent of the total value of the property for each estate appraised … .” When you file a petition for probate, a judge will appoint a probate referee for your case, making you into an instant and involuntary customer. But at least the price is set: 0.1% of appraised value, ignoring any debt and cash. They often also charge small amounts for travel and the like, so be prepared for a little more.
There’s a larger statutory fee for the Personal Representative, a term that includes both Executors named in wills and court-appointed Administrators. If you put in the effort to settle an estate, which may include selling property and doing other bureaucratic chores, you ought to be paid for your time.
Well, how much? Measured by hours worked? Or the amount of time you worried about things? Oh, never mind, California Probate Code Section 10810 suggests something easier. Add it all up, apply the statutory percentages, figure your fee, and request court permission to pay yourself.
Here’s the formula: According to California Probate Code Section 10800, on the Compensation of Personal Representative subsection (a) says basically … ‘blah blah’ … the personal representative shall receive … 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) … blah blah … don’t deduct mortgages, get paid on everything!
Okay, we added the blahs. See the full complete version on the state web site.
Attorneys receive the same fees as the Personal Representatives who hire them, so just use the formula above. But, no need to take our word for it, as you can read about Compensation of Attorney For the Personal Representative in California Probate Code Section 10810, right here.
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