Quick Answer: California sets personal representative (executor) compensation on a statutory sliding scale under Probate Code Section 10800: 4% of the first $100,000 of the estate, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9 million, and 0.5% of the next $15 million. A personal representative can also waive this compensation entirely, which is common when the representative is also the sole or primary beneficiary.
Personal representative fees aren’t negotiated case by case. They’re set by statute so every California estate calculates compensation the same way, based on the size of the estate rather than how many hours the representative actually spent on it.
The Statutory Compensation Schedule
Verified directly against Probate Code Sections 10800 and 10810 (the attorney fee schedule mirrors the personal representative schedule exactly):
| Estate Value Tier | Compensation Rate |
|---|---|
| First $100,000 | 4% |
| Next $100,000 | 3% |
| Next $800,000 | 2% |
| Next $9,000,000 | 1% |
| Next $15,000,000 | 0.5% |
This compensation is calculated on the gross value of the estate subject to administration, not the net value after debts. Since the attorney for the estate is entitled to the identical schedule, a $1 million estate can generate statutory fees on both sides, personal representative and attorney, each calculated separately off the same scale.
Can a Personal Representative Waive Their Fee?
Yes. Waiving statutory compensation is common, especially when the personal representative is also a beneficiary. Since the fee is taxable income to the representative but an inheritance isn’t, many family-member executors who stand to inherit a share of the estate anyway choose to waive the fee rather than pay income tax on money they’d otherwise receive tax-free as a beneficiary.
When an Attorney Serves as the Personal Representative
Under Probate Code Section 10804, an attorney who serves as the personal representative is entitled to the personal representative’s statutory compensation, but cannot also collect the attorney’s fee for the same estate unless the court specifically approves that arrangement in advance and finds it’s in the estate’s best interest. This prevents an attorney-executor from effectively double-billing the same estate under two different fee schedules.
When There’s More Than One Personal Representative
If an estate has co-executors, the total statutory compensation doesn’t multiply, it gets divided. Under Probate Code Section 10805, the court apportions the single fee amount among the co-representatives based on the services each actually performed, or according to an agreement between them. Two co-executors don’t each collect the full statutory rate independently.
Extraordinary Fees Beyond the Statutory Schedule
The statutory schedule covers ordinary administration. For work beyond that, selling estate real property, handling a will contest, preparing estate tax returns, or managing active litigation, a personal representative can petition the court for additional “extraordinary” compensation under Probate Code Section 10801. The court reviews the request and approves an amount it finds reasonable for the extra work, separate from the base statutory fee.
Frequently Asked Questions
Is personal representative compensation the same in every California county?
Yes. The statutory schedule under Probate Code Section 10800 applies statewide, regardless of which county the estate is probated in.
Why would an executor waive their fee?
Because the fee counts as taxable income while an inheritance generally doesn’t. A family-member executor who’s also a beneficiary often comes out ahead financially by waiving the fee and receiving that value as part of their inheritance instead.
Can both the personal representative and the attorney charge the full statutory fee on the same estate?
Yes, they’re calculated separately. The personal representative and the estate’s attorney each have their own statutory schedule, unless the same person is serving as both, in which case Probate Code Section 10804 limits them to one fee absent specific court approval.
Does a bigger estate always mean a bigger percentage fee?
No, it’s the opposite. The percentage rate decreases as the estate value climbs through each tier, from 4% on the first $100,000 down to 0.5% on higher tiers.
Do heirs waiting on their inheritance have any options while these fees get sorted out?
Yes. Heirs don’t have to wait for probate, including fee determinations, to fully close before accessing money. A probate cash advance lets qualifying heirs receive a portion of their expected inheritance during the process.
Questions about what you’re owed from a California estate? ProbateLend can help you understand your options while probate plays out.