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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33781
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I want to know what is the legal amount (percentage) allowed

Customer Question

I want to know what is the legal amount (percentage) allowed to a trustee in the state of California. The total amount of the trust is $201,113.00. What percentage in trustee fees is my brother allowed to receive on this total amount??
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Submitted: 7 months ago.
Category: Estate Law
Expert:  Barrister replied 7 months ago.
California's fee schedule for executors is at CA Probate Code Section 10800 and is a somewhat complicated formula. For ease of approximation, a simplified formula can be used. It works for probate estates with a value between $100,000 and $1 million. It is 2% of the probate estate value + $3000. That sum would be the statutory fee for the attorney and the executor would receive an identical sum..But for trustees, this is what the CA Code says:.""15681. If the trust instrument does not specify the trustee's compensation, the trustee is entitled to reasonable compensation under the circumstances."".But courts generally find that if the trustee takes the same pay as an executor, then that is considered "reasonable"..So if the trustee were to pay themselves ($4022.26 + 3000) $7,022.26, or round down to $7,000 or up to $7500, then I don't see a judge raising any eyebrows at that charge...thanksBarrister

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