Legal Question in Wills and Trusts in California

Probate fees & executor responsibilities

My father passed away in February

2008. I am his only surviving child.

He was remarried in 1987 & the

marriage lasted 20 years. They both

signed premarital contracts . In

1992, my father sold his business

and revised his will. In the revised

will it is stated that all of estate is

divided in this manner : a. to my

wife the sum of $100,000 b. to my

granddaughter $20,000 c. all the

remainder of my estate to my

daughter. (me) My step mother was

named the Executor & also hired a

probate attorney to assist her .My

question concerns the amount of

fees charged in settling the estate.

The estimated value of the estate at

the time of my father’s death was

$932,000. The fees incurred are

$21,600 each for the attorney & my

stepmother & $20,000 to be

reimbursed to my step mother for

advancing money to process the

estate. Are these fees common &

usual for the handling of probate or

are they exorbitant? I did not expect

my step mother to be paid as the

Executor $20,000 & I know it was

not my father’s intention. She was

already left $100,000 & all personal

property in the home. I was left the

house which is valued at $750,000.


Asked on 8/20/08, 1:32 pm

1 Answer from Attorneys
Phunphilas Viravan Law Offices of Phunphilas Viravan

Re: Probate fees & executor responsibilities

An executor and her attorney are both entitled to statutory fees for administering the probate. On a probate of a $932,000 estate, the statutory fees (at least in CA), would be $21,640 for the executor and $21,640 for the executor's attorney (+ any court-approved extraordinary attorney's fee). Administrative expenses also are paid by the estate, so if your step mother advanced them, it is appropriate that she be reimbursed. The $20,000 amount of advanced costs sounds high, but it could have been that she was paying the mortgage on the house that you inherited. The $20,000 sum should not be attorney's fees because the attorney cannot be paid twice.

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Answered on 8/21/08, 3:24 pm


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