Probate Code §§ 10800 & 10810 Interactive Worksheet
California Statutory Probate Fee Calculator
Compute the exact Probate Code § 10800 (Personal Representative) and § 10810 (Estate Attorney) ordinary statutory fee schedule directly from your Inventory & Appraisal (DE-160) and Schedules A, B & D.
1. Enter Accounting Fee Base Inputs
Use gross Inventory & Appraisal value before deducting mortgages. Default preset reflects a $1,500,000 fee base.
Quick Estate Presets
Total Fee Base
$1,500,000.00
DE-160 + A + B − D
Single Statutory Fee
$28,000.00
Personal Rep (§ 10800) OR Attorney (§ 10810)
Combined Ordinary Fees
$56,000.00
Full PR + Attorney Combined
2. Statutory Bracket Breakdown (Single Fee Schedule)
| Estate Bracket | Statutory Rate | Amount in Tier | Single Fee |
|---|---|---|---|
| First $100,000 | 4.0% | $100,000.00 | $4,000.00 |
| Next $100,000 ($100k–$200k) | 3.0% | $100,000.00 | $3,000.00 |
| Next $800,000 ($200k–$1M) | 2.0% | $800,000.00 | $16,000.00 |
| Next $9,000,000 ($1M–$10M) | 1.0% | $500,000.00 | $5,000.00 |
| Next $15,000,000 ($10M–$25M) | 0.5% | $0.00 | $0.00 |
| Above $25,000,000 | Reasonable (Court) | $0.00 | Court Discretion |
What This Worksheet Excludes (Non-Probate & Extraordinary Fees)
Excluded assets: Revocable living trusts, joint-tenancy transfers, POD/TOD beneficiary accounts, and life insurance payable to named beneficiaries. Extraordinary services under Prob. Code §§ 10801 & 10811 (e.g., real estate sales, tax litigation, contested hearings) require separate court-approved declarations and time sheets. Need court-verified Schedules A–D before your Final Account petition? Request an Examiner-Ready Fee Base Audit →
Frequently Asked Questions on Statutory Fee Base Calculations
Does mortgage debt or a HELOC reduce the California statutory probate fee base?
No. Under California Probate Code §§ 10800(b) and 10810(b), the estate accounted for is based on the gross appraised value from the Inventory and Appraisal (Form DE-160 / DE-161), plus Schedule A receipts and Schedule B gains on sales, minus Schedule D losses on sales — without regard to encumbrances or mortgages on the property.
How do Probate Schedules A, B, and D change statutory executor and attorney fees?
Every dollar of Schedule A income or non-sale principal receipts and every dollar of Schedule B realized gain above Inventory Carry Value increases the statutory fee base. Conversely, Schedule D realized losses on sales subtract from the statutory fee base. Inter-account cash transfers and unrealized market value gains must never be included.
Are revocable living trust assets or joint-tenancy accounts included in Prob. Code § 10800/§ 10810 fees?
No. Statutory percentage compensation under §§ 10800 and 10810 applies strictly to court-administered probate estate assets subject to Probate Code accounting. Assets passing outside probate via funded living trusts, payable-on-death (POD) beneficiaries, or right of survivorship are excluded unless marshaled into the probate estate.
When does California probate fee law switch from fixed percentages to court discretion?
For estate fee bases exceeding $25,000,000, the percentage tiers top out at 0.5% on the $10M–$25M slice ($188,000 cumulative fee on the first $25M per fiduciary/attorney), and compensation on the portion above $25,000,000 is determined by the court as a reasonable amount (Prob. Code §§ 10800(a)(6), 10810(a)(6)).