California Co-Executors: How Is the Fee Split?

California has a real, direct statutory answer: one statutory fee, apportioned among however many personal representatives are serving — by the court, or by their own agreement.

Cal. Prob. Code § 10805 FigureMyTax Editorial Team

Quick answer: No, California co-executors don't each collect the full statutory fee. Cal. Prob. Code § 10805 is direct about it: "If there are two or more personal representatives, the personal representative's compensation shall be apportioned among the personal representatives by the court according to the services actually rendered by each personal representative or as agreed to by the personal representatives." One statutory fee, split — either by the court, based on actual work, or by the co-executors' own agreement. Estimate the total fee first with the California executor fee calculator.

Two paths to a division

Cal. Prob. Code § 10805: the statute gives two distinct routes to apportioning the single fee: (1) the court divides it "according to the services actually rendered by each" — so a co-executor who did most of the work can reasonably expect a larger share; or (2) the personal representatives simply agree among themselves on the division, without needing the court to weigh in on the split itself.

The underlying fee doesn't grow with more co-executors

Because § 10805 apportions a single fee computed under the § 10800 tiered schedule, adding a second or third co-executor doesn't create additional statutory compensation for the estate to pay out — it changes how the one fee is divided among the people serving, not the total amount available.

The attorney's fee stands apart

Cal. Prob. Code § 10810's attorney compensation is governed independently of § 10805. Multiple personal representatives don't change the estate's attorney's own separate statutory fee, and § 10804's attorney-executor restriction (covered in the main guide) still applies individually to any co-executor who happens to also be the estate's attorney.

Worked example

Two siblings serve as co-personal representatives of a California estate valued at $500,000, generating a $13,000 statutory fee under § 10800.

ApproachSibling ASibling BTotal
Court apportions by services rendered (A did most of the work)$9,750$3,250$13,000
Co-executors agree to split evenly$6,500$6,500$13,000

The total stays at $13,000 in both approaches under § 10805 — only the division changes, whether set by the court or by the co-executors themselves.

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California co-executors — frequently asked questions

Do California co-executors each get the full statutory fee?

No. Probate Code § 10805 provides that when there are two or more personal representatives, the statutory compensation is apportioned among them by the court according to the services actually rendered by each, or as they agree among themselves — one fee, divided, not a separate full fee for each person.

Can California co-executors agree on their own split?

Yes. § 10805 allows the personal representatives to agree among themselves on how the compensation is divided, as an alternative to having the court apportion it based on services actually rendered.

Does the attorney fee change with multiple California co-executors?

No. § 10810's attorney compensation is governed separately from the personal representative's apportioned fee under § 10805; having multiple personal representatives does not by itself change the attorney's own statutory fee.

How does a California court decide how to split the fee among co-executors?

By the services actually rendered by each personal representative under § 10805, so a co-executor who did most of the work can reasonably expect a larger share of the single statutory fee.

Does adding a co-executor increase the total statutory fee in California?

No. § 10805 apportions a single fee computed under the § 10800 tiered schedule; adding a second or third co-executor changes how that one fee is divided, not the total amount available.

Estimate for general guidance only, not legal advice. Based on Cal. Prob. Code § 10805 and § 10800. Apportionment among co-personal representatives is by court determination of services actually rendered, or by the personal representatives' own agreement; there is no automatic even split. Consult a California probate attorney to resolve a specific dispute over compensation between co-executors.