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Wills, trusts, and estates

executor fee

Although many executors of wills manage the administration of the deceased person’s (decedent’s) estate without compensation, a person who makes a will (testator) may provide for compensation of the executor in the will. And many states have laws (statutes) that provide a formula for calculating the compensation of an executor. These laws vary from state to state and are often located in the estates code, probate code, or similarly-named code.

In California, the compensation of an executor of a will is governed by the California Probate Code. The testator can specify in the will the amount of compensation for the executor, or the executor can waive their right to compensation. If the will does not specify the compensation, or if the executor does not waive their fee, California Probate Code provides a statutory fee schedule based on the value of the estate. As of the current statutes, the executor is entitled to receive a fee of 4% on the first $100,000 of the estate, 3% on the next $100,000, 2% on the next $800,000, 1% on the next $9 million, and so on, with the percentage decreasing as the value of the estate increases. Additionally, the court may allow for additional compensation for extraordinary services rendered by the executor. It's important to note that these fees are subject to change and may be updated by the legislature or through adjustments in the law.

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Wills, trusts, and estates

executor fee

Individual & Family Legal Plan

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California State Code

California State Code

Wills, trusts, and estates

executor fee

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