California law sets executor compensation by statute based on the gross value of the estate: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million. On a $1 million estate, the statutory executor fee is $23,000. This fee is paid from estate assets before distribution to heirs. Both the executor and the estate attorney are each entitled to this fee separately, meaning the combined statutory fees on a $1 million estate are $46,000.
Executor compensation is calculated on gross estate value, not net. An estate with a $1.5 million home carrying a $600,000 mortgage calculates executor fees on $1.5 million, not the $900,000 net equity. Executors can waive their compensation (which may be advisable if they are also a primary beneficiary and the waiver reduces overall estate costs), or can claim additional extraordinary fees for services beyond normal administration. Keep detailed time records from day one.
Wolf Allies connects trustees, executors, and families with agents who have deep experience in California trust, probate, and estate property sales, at no cost to you.
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