Executor Compensation Laws in California
In California, the personal representative receives a statutory fee for ordinary services of 4% of the first $100,000, 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.
Last checked . General information, not legal advice.
California at a glance
- Compensation method
- Statutory percentage fee for ordinary services
- Above $25 million, the court sets a reasonable amount.
- Statutory fee schedule
- 4%, 3%, 2%, 1%, 0.5% tiers on first $25 million
- 4% on first $100,000; 3% on next $100,000; 2% on next $800,000; 1% on next $9 million; 0.5% on next $15 million; court sets the rest.
- Percentage schedule in statute
- Yes
The rules in California
How is an executor paid in California?
Compensation method in California: Statutory percentage fee for ordinary services. Above $25 million, the court sets a reasonable amount.
What percentage can an executor charge in California?
Statutory fee schedule in California: 4%, 3%, 2%, 1%, 0.5% tiers on first $25 million. 4% on first $100,000; 3% on next $100,000; 2% on next $800,000; 1% on next $9 million; 0.5% on next $15 million; court sets the rest.
Does California law set executor fees by a percentage schedule?
Yes. Percentage schedule in statute in California: yes.
Where do the California executor compensation laws come from?
The rules above come from Cal. Prob. Code 10800. Each source is linked on this page. We last checked them in October 2026.
Good to know
The estate value used is the inventory appraisal value plus gains on sales and receipts, less losses on sales, without deducting encumbrances or other obligations.
What this means in practice
A will can usually address executor pay directly, for example by setting a flat fee, a percentage, or stating that the executor serves without pay. Where the will is silent, the state's default rule applies. An executor can also choose to waive compensation, which some family members do because fees are generally taxable income while inheritances generally are not.
Executor compensation is separate from reimbursement of expenses and from fees paid to the estate's attorney, accountant, or other professionals. Keeping a written log of hours, tasks, and costs helps support a fee request and answers questions from heirs or the court.
Heirs and beneficiaries who believe a fee is too high can usually object in the probate proceeding, and courts can reduce, deny, or increase compensation in some circumstances. Rules on timing, court approval, and extraordinary services differ, so the statute for the state where the estate is probated is the starting point.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
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