Does an Executor of a Will Get Paid in California?

“I want to name my daughter as executor, but I don’t want her to feel like she’s doing all of that work for nothing.” We hear some version of this in our office all the time, and it’s a great question to ask before your estate plan is finalized, not after.

The short answer is yes. California law provides a specific, statutory fee schedule that entitles an executor, formally called a “personal representative”, to compensation for administering an estate through probate. The amount is based on the total value of the estate, and it’s written right into the California Probate Code.¹

But here’s the thing: how much an executor actually receives, whether they can receive more (or less), and how this all fits into your broader estate plan are details worth understanding now, while you’re still in the planning stage and have options.

What Does an Executor of a Will Do in California?

An executor is the person named in your will to carry out your wishes after you pass away. In California, the court formally appoints them as the “personal representative” of your estate during probate.²

This is not a symbolic title. Think about what’s involved: gathering every asset you own, notifying creditors, paying valid debts, filing tax returns for the estate, managing property until it can be distributed, and making sure your beneficiaries receive what you intended.³ That process can stretch over months, sometimes well over a year.

It takes real organization, real time, and real coordination with attorneys, accountants, and financial institutions. That’s exactly why California law says executors deserve to be compensated for the work they do.

How Much Does an Executor Get Paid in California?

California Probate Code Section 10800 sets a statutory fee schedule based on the gross value of the estate, not the net value after debts.⁴ This is an important distinction. Even if the estate carries significant liabilities, executor compensation is calculated on the total asset value before those debts are subtracted.

Here’s how the fee schedule breaks down:

• 4% on the first $100,000
• 3% on the next $100,000
• 2% on the next $800,000
• 1% on the next $9,000,000
• 0.5% on the next $15,000,000
• For estates above $25,000,000, the court determines a reasonable amount⁴

Each bracket applies only to the portion of the estate within that range, similar to how income tax brackets work.

Now, given property values on the Central Coast, a $1,000,000 estate is not unusual. At that value, the executor’s statutory compensation comes to $23,000. On a $2,000,000 estate, the fee is $33,000. These are real numbers, and they come directly out of the estate before your beneficiaries receive their share.

Can an Executor Get Paid More Than the Statutory Fee in California?

Sometimes the work goes beyond “normal.” Imagine your executor has to deal with a lawsuit filed against the estate, manage the sale of a rental property with difficult tenants, or navigate a complicated tax situation involving a family business. That’s not standard administration, that’s extraordinary work.

California Probate Code Section 10801 allows the court to authorize additional “extraordinary compensation” in situations like these.⁵ The executor has to petition the court, explain what the additional work involves, and show that it was necessary and beneficial to the estate. The court then decides what’s fair on a case-by-case basis.

Can an Executor of a Will Waive Their Fee?

Absolutely. Many executors, particularly family members, choose to waive their fees entirely. There’s no requirement to accept the compensation.

That said, it’s worth thinking this through before making that decision. Executor compensation is taxable as ordinary income.⁶ If the executor is also a beneficiary, they might actually be better off receiving their share as an inheritance rather than as a fee, depending on the tax implications. This is the kind of detail that’s easy to overlook but can make a real difference, and it’s something we walk clients through during the planning process.

Does the Probate Attorney Get Paid the Same as the Executor?

Under California Probate Code Section 10810, the attorney representing the personal representative is entitled to the same statutory fee schedule as the executor.⁷ So on that $1,000,000 estate, both the executor and the attorney each receive $23,000, a combined $46,000 in fees coming out of the estate.

That number tends to get people’s attention. And it’s one of the biggest reasons we talk with clients about probate avoidance as part of a comprehensive estate plan.

A properly funded revocable living trust can help your estate bypass probate entirely. No probate means no executor fees, no attorney probate fees, and a much more private, streamlined process for your family. On a million-dollar estate, that’s $46,000 your loved ones keep instead of paying in statutory fees alone.

That doesn’t mean a will is never the right tool. For many families, the strongest plan includes both a trust and a pour-over will that acts as a safety net for any assets that weren’t transferred into the trust during your lifetime. The key is making sure all the pieces work together.

What Happens If There Is No Will in California?

If someone passes away without a valid will, the court appoints an administrator instead of an executor, but the same fee schedule applies.⁸ The bigger concern in that scenario isn’t compensation. It’s that California’s intestate succession laws will decide who inherits your assets, and the court will choose who’s in charge.⁹ That might not be who you would have picked.

This is one more reason why having a clear, up-to-date estate plan matters. It’s not just about the legal mechanics; it’s about making sure your wishes are honored, and the people you trust are in charge.

Do Co-Executors Split the Fee in California?

If you name more than one executor in your will, they share the statutory fee based on the work each person actually performed; they don’t each receive the full amount.⁴ The court looks at how responsibilities were divided and allocates them accordingly.

How Does Executor Compensation Affect Your Estate Plan?

This is where the conversation becomes personal. Understanding executor compensation isn’t just about knowing the numbers; it’s about making better decisions for your family while you still can.

When we sit down with clients at Santa Barbara Estate Planning & Elder Law, we talk about executor selection as part of the bigger picture.

Who do you trust? Are they organized enough to handle the responsibility? Do they understand the scope of what they’re agreeing to?

Knowing that California law provides fair compensation can make it easier to ask someone to step into that role, and easier for them to say yes.

We also help you evaluate whether a trust-based plan might be a better fit than relying on a will alone. For many families on the Central Coast, especially those with real property, investment accounts, or a desire for privacy, a trust eliminates the need for probate altogether. No court involvement, no statutory fees, no 12-to-18-month timeline. Your successor trustee handles the distribution privately, on your terms.

Imagine what life will be like for your family when they don’t have to navigate the probate court system during one of the hardest times of their lives. That’s the kind of peace of mind a thoughtful estate plan provides.

Why Planning for Executor Compensation Matters in California

California executors are entitled to reasonable, statutory compensation for the important work they do. The fee schedule is clearly defined in the Probate Code; extraordinary fees are available when the work goes beyond the ordinary, and executors can waive their fees if they choose.

But the bigger takeaway is this: the best time to think about executor compensation, executor selection, and whether probate is even necessary for your estate is now. Not after a crisis. Not after a loss. Now, while you have the ability to make choices that protect your loved ones and your hard-earned assets.

That’s where we come in.

If you have questions about naming an executor, structuring your estate plan, or understanding how probate works in California, book a planning session with our team. We’ll walk you through your options and help you build a plan that works for your family. You deserve it.

References

1. California Probate Code § 10800.
2. California Probate Code § 8400 et seq.
3. California Probate Code §§ 9600–9604, 10500–10501.
4. California Probate Code § 10800(a)–(b).
5. California Probate Code § 10801.
6. See Internal Revenue Service Topic No. 559, Net Investment Income Tax; see also 26 U.S.C. § 1402(a) (executor fees as self-employment income).
7. California Probate Code § 10810.
8. California Probate Code § 10800 (applicable to both executors and administrators).
9. California Probate Code §§ 6400–6414 (intestate succession).