Quick answer: California sets a tiered statutory schedule under Cal. Prob. Code § 10800: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9,000,000, and 0.5% of the next $15,000,000 — computed on the estate's gross appraisal value, plus gains and receipts, minus losses, without subtracting any debt. On a $1,000,000 estate that's $23,000. Get your own estimate with the California executor fee calculator.
The tiered schedule
Cal. Prob. Code § 10800(a): 4% of the first $100,000; 3% of the next $100,000; 2% of the next $800,000; 1% of the next $9,000,000; 0.5% of the next $15,000,000; a reasonable, court-determined amount above $25,000,000.
Gross value, no debt subtracted
§ 10800(b): the base is "the total amount of the appraisal value 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." A $600,000 house carrying a $450,000 mortgage still counts as $600,000 for this calculation — the debt isn't subtracted.
The attorney usually gets the same amount, separately
Cal. Prob. Code § 10810: the attorney for the personal representative is paid the identical tiered schedule. On a $1,000,000 estate, that's roughly $23,000 to the executor and another $23,000 to the attorney — so the combined "ordinary services" statutory cost is often close to double the single schedule.
Extraordinary services, on top
§ 10801: the court may allow additional compensation for extraordinary services in a "just and reasonable" amount, beyond the § 10800 schedule — and the personal representative may separately retain and pay tax experts from estate funds.
The will can control instead
§ 10802: if the will sets the compensation, that's the full and only compensation — unless the personal representative petitions the court to be relieved of that provision, with formal notice to heirs, devisees, and, where relevant, the Attorney General. The court may then authorize a greater amount if it finds that's to the estate's advantage.
No negotiating around the schedule
§ 10803: any side agreement between the personal representative and an heir or devisee for higher compensation than the statutory schedule is void — consent from the heirs doesn't change this.
Worked examples
| Estate value | Executor's statutory fee |
|---|---|
| $300,000 | $9,000 |
| $500,000 | $13,000 |
| $1,000,000 | $23,000 |
Each figure is the executor's fee alone, computed tier by tier from § 10800(a) and independently verified. Add the attorney's identical fee for the combined total. Model your own estate in the calculator.
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