What are the Executors and Attorneys Fees for a Probate Estate?
When a Petition for Probate is filed the Attorney and Executor/Administrator are entitled to fees. These fees are classified as ordinary and extraordinary and set by the California Probate Code Section 10810, which states the Attorney and Executor in San Diego shall receive:
(1) Four percent on the first one hundred thousand dollars ($100,000).
(2) Three percent (3%) on the next one hundred thousand dollars ($100,000).
(3) Two percent (2%) on the next eight hundred thousand dollars ($800,000).
(4) One percent (1%) on the next nine million dollars ($9,000,000).
(5) One-half of 1 percent (0.5%) 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.
Let’s take a look at an example. If Jill and Macho Mike’s Estate (after they have both died) is worth $1,000,000, then the ordinary fee for probating their estate would be:
- Four percent (4%) x $100,000 = $4,000
- Three percent (3%) x $100,000 = $3,000
- Two percent (2%) x $800,000 = $16,000
Thus, the ordinary fee would be $4,000 + $3,000 + $16,000 = $23,000, for the statutory (ordinary) fee.
However, if an Estate is complicated then an Executor or Attorney can charge extraordinary fees according to Probate Code Section 10811. The California Rules of Court Section 7.703 determine what tasks extraordinary fees can be charged for an Executor, including:
- Selling, leasing, exchanging, financing, or foreclosing real or personal property;
- Carrying on decedent’s business if necessary to preserve the estate or under court order;
- Preparing tax returns; and
- Handling audits or litigation connected with tax liabilities of the decedent or of the estate.
Photo by Jimi Filipovski