Legal Question in Wills and Trusts in California

what is the probate appointed administators fee for handling probate?

My brother as appointed administor to estate in probate cout.In spead sheet submitted in court records.his fee was equal to the fee of the attorney handling case.Is there a set amount the administor is intitled to by law? what % would he be legally intitled to.And is this to be deducted before assets are dispersed to remainimg heirs?


Asked on 8/04/07, 3:19 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: what is the probate appointed administators fee for handling probate?

This is provided by statute and the judge will not approve an excessive fee. You can appear at the hearing and make your concerns known.

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Answered on 8/08/07, 10:10 pm
Donald Field Donald L. Field, Jr., Attorney at Law

Re: what is the probate appointed administators fee for handling probate?

yes, it is the same fee as the attorney (unless either the attorney or the administrator claim extraordinary fees) based on probate code section 10800. and yes, it it an expense of the probate estate.

see: probate code sections 10800 through 10832 at:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20

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Answered on 8/05/07, 12:21 pm


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