For purposes of this section, the value of the estate account 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.  Probate Code §10810(b).  Mortgages and other loans are not taken into consideration in computing the fee base nor are disbursements for debts or expenses. 

 

Both the probate attorney and the personal representative are entitled to this fee and the court has no discretion to reduce the amount of fees.  The exception to this is if the personal representative has unreasonably delayed the closing of the estate or otherwise engaged in mismanagement of the estate they may be surcharged by the Court. Also, any fee that the personal representative makes will  go on their personal tax return as income so they may choose not to take a fee if they will otherwise be receiving property from the estate as an inheritance which is not income.

 

No fees may be paid except by Order of the Court though reimbursement for expenses advanced by the Personal Representative or the Attorney, such as filing fees, publication costs, etc., may be reimbursed without a Court Order.

 

Extraordinary Compensation 

 

California Rule of Court Rule 7.703 allows for the Probate Court to provide additional compensation, known as extraordinary compensation, to both the Personal Representative and the Attorney for providing certain services.  These fees are within the discretion of the Court and require court approval before they may be paid.  In awarding extraordinary fees, the court may consider the amount of statutory compensation when determining a justified and reasonable amount for an extraordinary fee.  

 

Examples of extraordinary services which a personal representative can be compensated for including: