Statutory Attorney Fees
Both the probate attorney and Personal Representative of the Estate are entitled to receive Statutory Fees based upon the value of the Estate. The value of the Estate includes all property (real and personal) that was owned by the decedent as valued at the date of their death. The Statutory Fees for a probate attorney and Personal Representative have the same guidelines for every estate and are only dependent upon the value of the estate. Each Estate’s value will be different but the statutory percentages are based upon the Probate Code as follows:
- Four percent on the first $100,000
- Three percent on the next $100,000
- Two percent on the next $800,000
- One percent on the next $9,000,000
- One-half of one percent on the next $15,000,000
For example – If the estate is valued at $625,000 the statutory fees for the attorney and Personal Representative would be calculated as follows:
- Four percent on the first $100,000 = $4,000 ($525,000 remaining)
- Three percent on the next $100,000 = $3,000 ($425,000 remaining)
- Two percent on the next $800,000 ($425,000) = $8,500 ($0.00 remaining)
The total statutory fees the attorney and Personal Representative would receive is $15,500.
Anything the attorney, their paralegal, or Personal Representative does that is “extraordinary” (tasks that go beyond the scope of typical Probate proceedings) such as liquidating property, transferring property, working with real estate agents to sell real property, conducting detailed accountings or employing tax experts are considered extraordinary services. Any fees for extraordinary services need to be approved by Court Order before the Personal Representative can pay themselves or the attorney.