What fees is a Representative entitled to?
The Representative is entitled to a fee for services performed. In California, the probate fee is set by the Probate Code based on the value of the estate. Charges for extraordinary services (legal litigation, special property handling) may also be charged.
The fee schedule is set by statute as follows:
Estate Asset Fees
- 4% of the first $100,000.00
- 3% of the next $100,000.00
- 2% of the next $800,000.00
- 1% of the next $9,000,000.00
The law also provides for statutory attorney's fees based on the same fee schedule as that of the Administrator.
This schedule covers ordinary services calculated on the "estate accounted for" or gross estate.
Extraordinary fees may be charged for extra services (tax work, litigation, and matters outside normal services). These fees are based primarily on time and labor required at standard hourly rates at time of service. Charges may vary (different rate for attorney time versus that of an associate) and depending on type of work performed. All fees are subject to Court approval and not paid until so approved.