What Monetary Percentage Does an Executor of a Will Get in California?

By A.L. Kennedy

California law allows an executor of an estate to receive compensation for his work on the estate. Specifically, the California Probate Code grants a certain percentage of the total assets of the estate to an executor. The percentage an executor may take depends on the total amount of the assets in the estate.

Calculating the Value of the Estate

According to attorney Stephen C. Gruber, the value of the estate is based on the inventory taken by the executor as part of his duties. Debts are not included in the value of the estate. For example, if the estate includes a house worth $500,000 but also has a mortgage on the house of $250,000, the house is still valued at $500,000 for the purposes of calculating the executor's monetary compensation.

Small Estates

For estates valued at less than $100,000, the statutory fee the executor may claim is 4 percent of the value, according to attorney Stephen C. Gruber. For example, if the estate is worth $50,000, the executor may receive $2,500 for her services, since $2,500 is 4 percent of $50,000.

Protect your loved ones. Start My Estate Plan

Mid-Sized Estates

Estates valued at more than $100,000 but less than $25 million allow the executor to take a certain percentage based on the value of the estate, which changes depending on the estate's size. For instance, the executor may receive 4 percent of the first $100,000 of the estate, plus 3 percent of the next $100,000. On top of this amount, the executor may receive 2 percent of the next $800,000 in the estate, 1 percent of the next $9 million, and 1/2 percent of the amount between $9 and $25 million, according to the California Probate Code.

Large and Complex Estates

The California Probate Code does not set a percentage for the executor to receive if the total value of the estate is greater than $25 million. In these cases, the court will set a reasonable fee for the executor, according to the California Probate Code. Likewise, if the estate is smaller than $25 million but is particularly complex, the probate court may set a larger fee than that calculated by the California Probate Code. The fee may be a percentage of the estate, or it may be a flat or hourly rate.

Attorney's Fees

The fee for an attorney who assists the executor in probating the estate is calculated according to the same percentages as the fee for an executor. For instance, if an attorney and executor both work on probating an estate worth $100,000, the executor receives $4,000 from the estate and the attorney also receives $4,000, according to attorney Stephen C. Gruber. The probate court sets an attorney's fee for large or complex estates in the same manner it sets an executor's fee in these cases.

Protect your loved ones. Start My Estate Plan
What Monetary Percentage Does an Executor of a Will Get?



Related articles

Does an Executor of a Will Receive More?

The job of an executor is to handle the estate of the deceased. In most cases, the deceased names the executor in his will. When there is no will, or when an executor can't complete the task, a probate court will appoint one. Under state probate rules, executors are responsible for filing the petition of probate and the will with the probate court and then seeing the process through to final distribution of the deceased's assets. Acting as an executor can be a complex and time-consuming process, but fortunately state laws also allow for fair compensation to executors from the estate assets.

What Is the Longest You Can Take to Settle an Estate in Virginia?

Settling an estate requires the completion of several steps in Virginia, and it can be a lengthy and complex process. An estate’s administrator or executor may put off dealing with the estate because Virginia does not have a statutory deadline by which probate must be completed. Depending on the size and complexity of the estate, the probate process can drag on for several years.

Does the Executor of a Will Have to Use an Attorney to Execute the Will?

When you create a will, you not only leave instructions for how your property should be distributed upon death, you also nominate someone to administer your estate. This person is known as the executor. The executor is charged with gathering estate property, paying estate debts and making distributions to beneficiaries of the will.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help. Wills & Trusts

Related articles

How Much Can an Executor Charge for Services in Ohio?

When you die, someone must carry out the task of collecting and distributing your property. The process is known as ...

How Much Will I Make As Executor of a Will in Missouri?

An executor, sometimes known as a personal representative, is the person named in a will to carry out the final wishes ...

Can an Executor Charge a Beneficiary for Duties?

The executor of an estate is normally named in a valid will, appointed by the overseeing probate court, and is ...

What Percentage Does the Executor Get in Illinois?

An executor in Illinois handles your estate according to the instructions in your will. If there is no will, the ...

Browse by category
Ready to Begin? GET STARTED