The Executor can easily get overwhelmed with the many technical responsibilities and legal duties he or she must accomplish to successfully probate the estate. That’s where we come in; guiding the executor, doing the heavy lifting, and making things as easy as possible for the executor throughout the probate process.The bottom line is that we save our clients significant time, money, and stress.
Both the executor and the probate attorney are entitled to equal compensation under California Probate Code Section 10810. The formula for determining ordinary probate compensation is very straightforward.
The Compensation in a probate administration case is calculated as follows:
4% of the first $100,000 of the gross estate value,
3% of the next $100,000 of the gross estate value,
2% of the next $800,000 of the gross estate value,
1% of the next $9,000,000 of the gross estate value,
½% percent of the next $15,000,000 of the gross estate value.
The probate court determines reasonable compensation for an estate valued at more than $25,000,000. Also, probate courts can – and typically do in more complicated cases – award additional compensation for extraordinary services performed during the course of probate administration.
EXAMPLE: The statutory compensation for probating a California estate with a gross value of $500,000 is calculated as follows: 4% of the estate’s first $100,000 (which equals $4,000), plus, 3% of the estate’s next $100,000 (which equals $3,000), plus 2% of the estate’s remaining value of $300,000 (which equals $6,000). The sum total is $13,000 which means both the attorney and either the executor or administrator are both entitled to $13,000 in compensation at the end of the probate administration.