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law offices of merwyn j. miller
191 calle Magdalena, suite 270 • encinitas, ca  92024 • 760-436-8832

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SCHEDULE OF ATTORNEY AND EXECUTOR FEES 
FOR CALIFORNIA PROBATES

California's fee schedule for attorneys is found at Probate Code Section 10810 and for executors is found at 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.

PROBATE ESTATE VALUES TOTAL ATTORNEY AND EXECUTOR FEES*
$100,000 $8,000
200,000 14,000
300,000 18,000
400,000 22,000
500,000 26,000
600,000 30,000
700,000 34,000
800,000 38,000
900,000 42,000
1,000,000 46,000
2,000,000 66,000
3,000,000 86,000
4,000,000 106,000
5,000,000 126,000

*The Attorney receives one-half of this sum and the executor receives the other half. However, often extraordinary fees are allowed which could make this total even higher!