California Probate Executor and Administrator Fee Calculator
Calculate statutory executor or administrator fees based on your estate’s gross value.
This calculator provides an estimate of statutory executor/administrator fees under California Probate Code §10800. Actual fees may vary. This is for informational purposes only and should not be relied upon as legal or financial advice.
California Probate Executor & Administrator Fee FAQs
How are executor and administrator fees calculated in California?
California executor and administrator fees are set by statute under Probate Code §10800. Fees are calculated as a percentage of the estate’s gross value: 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, and 1% on the next $9 million. This is the same fee schedule as probate attorneys. Use the calculator above to estimate executor or administrator compensation.
What is the difference between an executor and an administrator?
An executor is named in the deceased person’s will to manage the estate. An administrator is appointed by the court when there is no will or the named executor cannot serve. Both roles have the same responsibilities and are entitled to the same statutory fees. Learn more about administrator vs executor differences.
Can an executor waive their fee?
Yes. Executors and administrators can voluntarily waive some or all of their statutory compensation. Family members serving as executor often waive fees to preserve estate assets for beneficiaries. However, if the executor hires professionals or dedicates significant time, they are entitled to be compensated.
Are executor fees taxable income?
Yes. Executor and administrator fees are considered taxable income and must be reported on your personal tax return. This is different from an inheritance, which is generally not taxable in California. Some family executors waive fees to avoid the tax burden while still receiving their inheritance share.
Can an executor receive both executor fees and inherit from the estate?
Yes. Serving as executor does not disqualify you from also being a beneficiary. You can receive your statutory executor fee for managing the estate and separately receive your inheritance as named in the will. These are two distinct entitlements. If you need funds before probate closes, a probate advance can help you access your inheritance early.