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Executor Fees in California
Question Details: How is the executor paid fees in California. Is there a fee schedule or list?
9651. (a) A personal representative who in good faith takes into
possession real or personal property, and reasonably believes that
the property is part of the estate of the decedent, is not:
(1) Criminally liable for so doing.
(2) Civilly liable to any person for so doing.
(b) The personal representative shall make reasonable efforts to
determine the true nature of, and title to, the property so taken
into possession.
(c) During his or her possession, the personal representative is
entitled to receive all rents, issues, and profits of the property.
If the property is later determined not to be part of the estate of
the decedent, the personal representative shall deliver the property,
or cause it to be delivered, to the person legally entitled to it,
together with all rents, issues, and profits of the property received
by the personal representative, less any expenses incurred in
protecting and maintaining the property and in collecting rents,
issues, and profits. The personal representative may request court
approval before delivering the property pursuant to this subdivision.
(d) The court may allow the personal representative reasonable
compensation for services rendered in connection with the duties
specified in this section as to property later determined not to be
part of the estate of the decedent, if the court makes one of the
following findings:
(1) The services were of benefit to the estate. If the court
makes this finding, the compensation and the expenses and costs of
litigation, including attorney's fees of the attorney hired by the
personal representative to handle the matter, are a proper expense of
administration.
(2) The services were essential to preserve, protect, and maintain
the property. If the court makes this finding, the court shall
award compensation and the expenses and costs of litigation,
including attorney's fees of the attorney hired by the personal
representative to handle the matter, as an expense deductible from
the rents, issues, and profits received by the personal
representative, or, if these are insufficient, as a lien against the
property.
9650. (a) Except as provided by statute and subject to subdivision
(c):
(1) The personal representative has the right to, and shall take
possession or control of, all the property of the decedent to be
administered in the decedent's estate and shall collect all debts due
to the decedent or the estate. The personal representative is not
accountable for any debts that remain uncollected without his or her
fault.
(2) The personal representative is entitled to receive the rents,
issues, and profits from the real and personal property in the estate
until the estate is distributed.
(b) The personal representative shall pay taxes on, and take all
steps reasonably necessary for the management, protection, and
preservation of, the estate in his or her possession.
(c) Real property or tangible personal property may be left with
or surrendered to the person presumptively entitled to it unless or
until, in the judgment of the personal representative, possession of
the property by the personal representative will be necessary for
purposes of administration. The person holding the property shall
surrender it to the personal representative on request by the
personal representative.
Not Yet RatedProvisions regarding the payment and the amount of executor's fees are stated in Sections 10800 - 10805 of the California Probate Code (http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=10001-11000&file=10800-10805).
In short, personal representative's compensation for ordinary services to the estate depends on the value of the estate. Specific percentages are stated in Section 10800 of the California Probate Code. However, the amount of compensation may be different, as specified in the above-stated provisions of the Probate Code.
Not Yet Rated