How Much Does an Executor or Trustee Get Paid in California?

They are paid under two different systems. A probate executor or administrator (the personal representative) earns a statutory fee set by a fixed percentage of the estate’s value (Prob. Code §10800). A trustee of a living trust is paid as the trust document specifies (Prob. Code §15680), or, if the trust is silent, “reasonable compensation under the circumstances” (Prob. Code §15681) — there is no statutory percentage for trustees (current as of 2026).

Executor fees follow a statutory percentage

An executor or administrator handles a probate — the court-supervised process of settling a decedent’s estate. California sets their ordinary compensation by statute, as a sliding percentage of the “value of the estate accounted for” (Prob. Code §10800):

• 4% of the first $100,000
• 3% of the next $100,000
• 2% of the next $800,000
• 1% of the next $9,000,000
• 0.5% of the next $15,000,000
• For estates above $25,000,000, a reasonable amount set by the court

The percentage runs on the gross value of the estate — there is no mortgage offset. A house appraised at $1,000,000 with a $600,000 mortgage still generates fees on the full $1,000,000.

Worked example — a $1,000,000 estate: 4% of the first $100,000 = $4,000; 3% of the next $100,000 = $3,000; 2% of the next $800,000 = $16,000. Total ordinary executor fee = $23,000.

Critically, the estate’s attorney is entitled to the same statutory amount separately (Prob. Code §10810). So on a $1,000,000 estate the executor gets $23,000 and the attorney gets another $23,000 — $46,000 in statutory fees before court costs. Extraordinary services, such as litigation or selling real property, can add more at the court’s discretion.

Trustee fees are not a percentage

A trustee administers a living trust, which usually avoids probate entirely — so the §10800 schedule never applies to a trustee. Instead:

• Trust terms control. If the trust document sets the trustee’s compensation, the trustee is paid in accordance with the instrument (Prob. Code §15680). The court can adjust it in limited circumstances, such as when duties turn out to be substantially different from what was contemplated.
• If the trust is silent, “reasonable compensation.” Where the trust does not specify, the trustee is entitled to reasonable compensation under the circumstances (Prob. Code §15681). There is no statutory percentage.

What AI answers get wrong. Automated tools frequently apply the §10800 probate percentages to trustees — that is simply wrong; trustees are governed by §§15680 and 15681, not by a percentage. They also often state a flat “1–2% of trust assets” for trustees as if it were the rule. That is only a market benchmark for what counts as “reasonable” — it is not in the code.

Frequently asked questions

How much does an executor get paid in California?

An executor earns a statutory percentage of the estate’s gross value: 4% of the first $100,000, 3% of the next $100,000, 2% of the next $800,000, 1% of the next $9,000,000, and 0.5% of the next $15,000,000 (Prob. Code §10800). On a $1,000,000 estate that is $23,000. The estate’s attorney is entitled to the same amount separately (Prob. Code §10810).

How much does a trustee get paid in California?

A trustee is paid whatever the trust document specifies (Prob. Code §15680). If the trust says nothing about compensation, the trustee is entitled to reasonable compensation under the circumstances (Prob. Code §15681). There is no statutory percentage for trustees — the probate executor schedule in Prob. Code §10800 does not apply to trust administration.

Do the executor and the attorney share one fee?

No. The executor’s statutory fee and the estate attorney’s statutory fee are calculated on the same schedule but paid separately — each is entitled to the full amount (Prob. Code §§10800, 10810). On a $1,000,000 estate that is $23,000 to the executor and another $23,000 to the attorney, $46,000 total, before court costs and any extraordinary fees.

Is the executor fee based on the net or gross estate?

Gross. The statutory percentage runs on the “value of the estate accounted for” without a mortgage offset (Prob. Code §10800). A home appraised at $1,000,000 with a $600,000 loan still generates fees on the full $1,000,000, not on the $400,000 of equity. This surprises many families and is a common reason trust-based planning saves money.

Can an executor or trustee get paid more for extra work?

Yes. An executor can receive additional “extraordinary” compensation for services beyond ordinary administration, such as litigation, tax matters, or selling real property, at the court’s discretion (Prob. Code §10801). For a trustee, the court can allow more or less than the trust specifies on a proper showing that the duties differ substantially from what the trust contemplated (Prob. Code §15680).

Does a living trust avoid these executor fees?

Usually yes. A properly funded living trust generally avoids probate, so the statutory executor and attorney fees under Prob. Code §§10800 and 10810 never apply. The successor trustee is instead paid under the trust terms or reasonable compensation (Prob. Code §§15680, 15681), which is typically far less than the combined statutory probate fees.

Related reading: California probate costs, successor trustee duties, how to choose a trustee, and will vs. living trust.

Written by Eric D. Ridley. Estate Planning Attorney at Ridley Law, serving Ventura County since 2010. Learn more about Eric →