Legal Question in Wills and Trusts in California

Debbie, the Probate Code sets forth a graduated scheme of fees for the personal administrator. You may find these beginning at Probate Code section 10800:

(a) Subject to the provisions of this part, for ordinary services the personal representative shall receive compensation based on the value of the estate accounted for by the personal representative, as follows:

(1) Four percent on the first one hundred thousand dollars ($100,000).

(2) Three percent on the next one hundred thousand dollars ($100,000).

(3) Two percent on the next eight hundred thousand dollars ($800,000).

(4) One percent on the next nine million dollars ($9,000,000).

(5) One-half of one percent on the next fifteen million dollars ($15,000,000).

(6) For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court.

(b) For the purposes of this section, the value of the estate accounted for by the personal representative is the total amount of the appraisal value of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses from the appraisal value on sales, without reference to encumbrances or other obligations on estate property.

Thus, you will want to be very accurate about the value of the estate. By the way, if the value is under $100,000 and there is no real property, then it might be administered without having to go to court.

Hi Debbie:

I am sorry for your loss.

Yes, you can charge a fee. But, the Court has to approve your fee and your fee is based on a fixed statutory (law) amount. The amount that you can charge is based on the value of your mother's estate (her property).

So, essentially you get paid at the end of the case. And, your fees come from the assets of the estate.

The same is true if you want to hire an attorney to represent you in the matter. The attorney's fees are based on the same schedule and are paid out of the assets of the estate. So, as long as the estate has assets you should be able to afford an attorney to help.

The probate estate should be filed in the county where your mother lived.

Let me know if you want to discuss your options.

Caleb

Debbie-

I am sorry for your loss. As shown by the other attorney there is a graduated fee schedule which shows the compensation you are entitled. In other words if the gross value of the estate is $200,000 you would receive $7,000. If $400,000 in assets you would receive $11,000. Some assets are valued by the probate referee and some by you. Really the key to probate is an attorney who is really good at probate law. I am a certified specialist in probate law. I perform probates throughout California. Would love to help you with your case. I am very efficient and will make sure your probate ends in 7 months (the minimum time) rather than a year or more as some attorneys do. Call me! -John