Compensation of Attorney for Estate
From California Probate Code Sections 10810 through 10814
Subject to the provisions of this part, for ordinary
services the attorney for the personal representative shall receive
compensation based on the value of the estate accounted for by the
personal representative, as follows:
Four percent on the first one hundred thousand dollars
Three percent on the next one hundred thousand dollars
Two percent on the next eight hundred thousand dollars
One percent on the next nine million dollars ($9,000,000).
One-half of 1 percent on the next fifteen million dollars
For all amounts above twenty-five million dollars
($25,000,000), a reasonable amount to be determined by the court.
For the purposes of this section, the value of the estate
accounted for by the personal representative is the total amount of
the appraisal 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.
Subject to the provisions of this part, in addition to
the compensation provided by Section 10810, the court may allow
additional compensation for extraordinary services by the attorney
for the personal representative in an amount the court determines is
just and reasonable.
Extraordinary services by the attorney for which the court may
allow compensation include services by a paralegal performing the
extraordinary services under the direction and supervision of an
attorney. The petition for compensation shall set forth the hours
spent and services performed by the paralegal.
An attorney for the personal representative may agree to
perform extraordinary service on a contingent fee basis subject to
the following conditions:
The agreement is written and complies with all the
requirements of Section 6147 of the Business and Professions Code.
The agreement is approved by the court following a hearing
noticed as provided in Section 10812.
The court determines that the compensation provided in the
agreement is just and reasonable and the agreement is to the
advantage of the estate and in the best interests of the persons who
are interested in the estate.
Except as otherwise provided in this section, if the
decedent's will makes provision for the compensation of the attorney
for the personal representative, the compensation provided by the
will shall be the full and only compensation for the services of the
attorney for the personal representative.
The personal representative or the attorney for the personal
representative may petition the court to be relieved from a provision
of the will that provides for the compensation of the attorney for
the personal representative.
Notice of the hearing on the petition shall be given as
provided in Section 1220 to all of the following persons:
Each person listed in Section 1220.
Each known heir whose interest in the estate would be affected
by the petition.
Each known devisee whose interest in the estate would be
affected by the petition.
The Attorney General, at the office of the Attorney General in
Sacramento, if any portion of the estate is to escheat to the state
and its interest in the estate would be affected by the petition.
If the court determines that it is to the advantage of the
estate and in the best interest of the persons interested in the
estate, the court may make an order authorizing compensation of the
attorney for the personal representative in an amount greater than
provided in the will.
An agreement between the personal representative and the
attorney for higher compensation for the attorney than that provided
by this part is void.
If there are two or more attorneys for the personal
representative, the attorney's compensation shall be apportioned
among the attorneys by the court according to the services actually
rendered by each attorney or as agreed to by the attorneys.