what are statutory attorney fees for personal representatives probate

Pursuant to section 10810 of the California Probate Code, the attorney for the personal representative is compensated for ordinary services on the same statutory fee schedule as the personal representative, that is: 4% of the first $100,000 3% of the next $100,000 2% of the next $800,000 1% of the next $9,000,000 0.5% of the next $15,000,000

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What is a statutory fee for personal representative in California?

CALIFORNIA STATUTORY PROBATE FEES AND COMMISSIONS (PROBATE CODE SECTIONS 10800 & 10810) The personal representative (executor) and the attorn ey each are entitled to the fee shown below. If extraordinary services are performed by them, the court will allow a reasonabl e fee to each above the standard fee. Computation: 4 percent of first $100,000

How much does a probate attorney charge in California?

There are filing fees and a fee percentage (4%,3%,2%,1%,.5% based on the gross value of the probate estate); and can have other extraordinary fees like appraisals. Probate Fees Cost Breakdown. Probate Fees Chart: (Gross Estate) 4% of the …

How does the personal representative of a probate case get paid?

Mar 31, 2020 · Pursuant to section 10810 of the California Probate Code, the attorney for the personal representative is compensated for ordinary services on the same statutory fee schedule as the personal representative, that is: 4% of the first $100,000; 3% of the next $100,000; 2% of the next $800,000; 1% of the next $9,000,000; 0.5% of the next $15,000,000

What are the fees for the personal representative and executor?

473.153. Compensation of personal representatives, accountants and attorneys. — 1. If a testator by will makes provision for the compensation of his personal representative, that shall be allowed and taken as his full compensation unless he files in the court a written instrument renouncing all claim for the compensation provided by the will before qualifying as personal …

How does a probate lawyer get paid?

Lawyers usually use one of three methods to charge for probate work: by the hour, a flat fee, or a percentage of the value of the estate assets. Your lawyer may let you pick how you pay—for example, $250/hour or a $1,500 flat fee for handling a routine probate case.

What are the executors fees?

According to tariff, the executor is entitled to 3.5% on the gross value of assets in an estate and 6% on income accrued and collected after the death of the deceased. It is best to discuss the fees with your family upfront so that they are aware of how the fees will be calculated.

How is executor fee calculated?

Under California Probate Code section 10800, the Executor, Administrator, or Personal Representative typically receives statutory compensation based on California law calculated in the following manner:4% on the first $100,000;3% on the next $100,000;2% on the next $800,000;0% on the next $9M;More items...

How can I reduce my executor fees?

Fortunately, with a bit of planning, you can reduce some of the costs involved by negotiating the executor's fee with your appointed executor when you draft your will. You should then stipulate this fee in the will or ask the executor to confirm the agreed fee in writing.

How much does it cost to file a probate in California?

Filing fees range from less than $60 to several hundred dollars.

How much does a probate referee cost in California?

If a probate referee is required, the probate referee fees will also be a cost of the estate, and will range from $75 to $10,000, depending on the value of the assets appraised. The total cost of a California probate depends on the size of the estate, the type of assets, and the complexity of the administration.

What is a personal representative in California?

A personal representative in California is entitled to compensation for ordinary services provided to the estate. California Probate Code § 10800 . These fees are also called statutory fees, because they are provided by statute. The California probate Code also allows for additional fees to be paid for extraordinary services.

What are ordinary services of a personal representative?

Ordinary services include marshalling the estate assets, paying claims, locating beneficiaries and heirs of the estate, and preparing the accounting.

What is compensation of personal representatives?

Compensation of personal representatives, accountants and attorneys. — 1. If a testator by will makes provision for the compensation of his personal representative, that shall be allowed and taken as his full compensation unless he files in the court a written instrument renouncing all claim for the compensation provided by ...

Can a personal representative be an attorney?

If the personal representative is an attorney, no allowance shall be made for legal services performed by him or at his instance unless such services are authorized by the will or by order of the court or are consented to by all heirs and devisees whose rights may be adversely affected by the allowance. In addition, when one member of a law firm ...

What does a probate attorney do?

And held: A probate attorney must assume the burden of proving that the hours charged to the estate are reasonable and necessary. A probate attorney is not entitled to additional fees to prove the reasonableness of his fee in a final report.

What happens to a representative after probate?

The Representative will serve without keeping track of his/her time and without formal compensation, and. Following the conclusion of the probate, the Representative for his/her contribution to the family will receive a “gift,” such as a paid vacation etc., from the non-serving heirs or beneficiaries.

What is the case of Trynin v. California?

Rptr. 93 (1989), held: An attorney is entitled to reasonable fees for services rendered in preparing or defending a request for probate attorney’s fees in California — the opposite as held by the Supreme Court of Washington in Larson.

What is compensation for personal representative?

Payment of compensation for the Personal Representative’s services often becomes an issue when there are multiple heirs or beneficiaries within the Decedent’s family and one (or some but not all) of them serves as Personal Representative. Usually, he/she is willing to serve, and the other members don’t want to serve and are happy for him/her to serve, and he/she doesn’t want to serve “for nothing,” and the others recognize that he/she is providing a service, that they are benefiting from it, and that it is only fair that he/she receive something for his/her service. Query: How much? What’s fair? Just what is “reasonable” compensation?

When was the personal representative compensation law changed?

In 1917, however, the legislature amended the law to provide for the compensation for both the Personal Representative and his/her attorney to be “such fee as the Court may seem just and reasonable.”. Probate Code of 1917 (Rem. Comp. Stat. § 1528).

What is a personal representative?

An estate whose Personal Representative is its sole Heir or Beneficiary, and. A Personal Representative with otherwise negligible income tax liability in the year of receipt. Now let’s shift to issues expressly surrounding compensation for the Personal Representative’s attorney.

Does the court interfere with attorney fees in probate?

Thus the fiduciary duties of the attorney run not only to the Personal Representative but also to the heirs.Generally, this Court will not interfere with an allowance of attorney fees in probate matters unless there are facts and circumstances clearly showing an abuse of the trial court’s discretion.