Compensation of the personal representative and attorney handling a probate is set by statute and must be ordered by the court.
The statutory fees are based on the following schedule proscribed by California Probate Code Sections 10800 and 10810:
| 4% on first $100,000 |
| 3% on next $100,000 |
| 2% on next $800,000 |
| 1% on next $9,000,000 |
| .5% on next $15,000,000 |
| Above $25 million to be determined by the court. |
Sample of statutory fees that can be claimed by the personal representative and the attorney:
| Size of Estate | Calculation | Fees for PR & Attorney |
| $150,000 | $5,500 x 2 | $11,000 |
| $500,000 | $13,000 x 2 | $26,000 |
| $1,000,000 | $23,000 x 2 | $46,000 |