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N Cal Attorney
N Cal Attorney, Attorney
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Experience:  since 1983
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Is the CA probate fee provided the statute an annual fee or

Customer Question

Is the CA probate fee provided for in the statute an annual fee or total fee
Submitted: 1 year ago.
Category: Legal
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

Are you referring to the compensation of the executor or administrator and the attorney?

Customer: replied 1 year ago.
Actual issue is reasonable compensation of a Trustee...have read that personal rep statute can be used for trustee comp. Trust has been open 3 years and was wondering whether %statutory scheme is annual fee or total fee?
Expert:  N Cal Attorney replied 1 year ago.

Probate Code:

15682. The court may fix an amount of periodic compensation under Sections 15680 and 15681 to continue for as long as the court determines is proper.

from

http://leginfo.ca.gov/cgi-bin/displaycode?section=prob&group=15001-16000&file=15680-15688

The statutes on executors' fees are for total, not periodic compensation. The above statute allows for periodic compensation for trustees.

I hope this information is helpful.

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