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The CA Probate Code sets forth specific guidance for executor compensation. The applicable statute, Section 10802, states that if compensation is addressed in the will, it can only be changed if the court grants executor’s petition to be relieved of those testamentary compensation provisions. If fees are not governed by specific terms in the will, or relief from those terms is granted, this statute provides for the following schedule of percentages based on the value of the estate to be distributed:
(1) Four percent on the first one hundred thousand dollars ($100,000).
(2) Three percent on the next one hundred thousand dollars ($100,000).
(3) Two percent on the next eight hundred thousand dollars ($800,000).
(4) One percent on the next nine million dollars ($9,000,000).
(5) One-half of one percent on the next fifteen million dollars ($15,000,000).
(6) For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court.
In calculating the value of the estate for this purpose, encumbrances and obligations are not considered.
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