Is a surety bond required for executors in California?

California requires executors to post a surety bond (Cal. Prob. Code §§ 8480 (bond required before letters issued), 8481 (waiver: will provision or all-beneficiary written waiver; court may still require bond for good cause)). The bond requirement can be waived in the will or by court order. The typical annual bond premium is approximately 0.5% of the estate value. The bond protects beneficiaries against executor misconduct or mismanagement.

What does an executor do in California?

An executor in California is responsible for filing the will with the probate court, inventorying assets, notifying creditors, paying debts and taxes, and distributing remaining assets to beneficiaries. The process typically takes 9-12 months for simple estates and 12-18 months on average (Cal. Prob. Code §§ 10800, 10810 (statutory fee schedule: 4%/3%/2%/1%/0.5%/reasonable, progressive slices, on gross estate value — "without reference to encumbrances"), 13100 (personal property affidavit; 40 days; base $166,250), 13200 (real property affidavit; six months; base $55,425 per § 13200(h)(1)), 13151-13152 (primary residence succession, $750,000; amended by AB 2016, Stats. 2024, ch. 331, eff. Jan 1, 2025), 890 (CPI adjustment: April 1 every 3 years; § 890(d) keys the figure to the date of death). Adjusted thresholds taken from the Judicial Council's published § 890(c) list, "Maximum Amounts for Determining Eligibility for Summary Succession Procedures" (https://courts.ca.gov/system/files/file/probate-code-890-adjusted-amounts.pdf): deaths on/after April 1, 2025 — § 13100 = $208,850, § 13200 = $69,625, §§ 13151-13154 = $750,000; deaths 4/1/2022-3/31/2025 — $184,500 / $61,500; next adjustment April 1, 2028. § 8005-8006 (court hearing admits the will and appoints the PR — no informal/registrar track), § 8480 (bond required before letters), § 8481 (will waiver or all-beneficiary written waiver; court retains good-cause authority), §§ 8900-8904 (appraisal; referee appraises all property not self-appraised by the PR under § 8901), § 8961 (0.1% commission), § 8963 ($75 min, $10K max), § 8120 (publication of notice of petition for administration), §§ 10400, 10500(a), 10501 (IAEA independent administration without court supervision), § 9100 (creditor claims: later of 4 months from letters or 60 days from notice). Verified 2026-07-14 against leginfo.legislature.ca.gov and courts.ca.gov.). The 4-month creditor claim period sets a minimum timeline.

How do executor fees compare to attorney fees in California?

Executor fees and attorney fees are separate costs in California probate. Attorney fees are set by statute (Cal. Prob. Code § 10810). Executor compensation follows the same schedule as attorney fees. Both fees are paid from the estate before distribution to beneficiaries.

What is the California statutory executor fee schedule?

The California statutory schedule for executor compensation is: 4% on the first $100K, 3% on the next $100K, 2% on the next $800K, 1% on the next $9M, 0.5% on the next $15M, 0% on amounts above $25M (Cal. Prob. Code § 10800). This is the same schedule used for attorney fees. The fee applies to the gross value of the probate estate. Extraordinary services may warrant additional compensation as approved by the court.

How Much Does an Executor Get Paid in California?

Calculate how much an executor (personal representative) can charge for administering an estate. Fees vary by state law.

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Estate Value

Total value of estate assets before debts. Executor fees are calculated on gross value.

Calculate executor compensation

Select your state and enter the estate value to see what an executor can charge.

Examples:

Executor fees (also called personal representative compensation) are calculated on gross estate value. This calculator provides educational estimates only and does not constitute legal or financial advice. Executors may waive their fee. Family members serving as executor often do so without compensation. Consult a licensed attorney for guidance specific to your situation.

Frequently Asked Questions

California sets executor compensation by statute. The executor fee schedule follows the same schedule as attorney fees. Executors and beneficiaries may agree to a different amount, but the statutory schedule provides the default.

Yes. Executors in California can waive their fee entirely or accept a reduced amount. Family members serving as executor often waive compensation, particularly when they are also beneficiaries of the estate. Waiving the fee reduces the overall cost of probate and increases the amount available for distribution to beneficiaries.

California requires executors to post a surety bond. The bond requirement can be waived in the will or by court order. The typical annual bond premium is approximately 0.5% of the estate value. The bond protects beneficiaries against executor misconduct or mismanagement.

An executor in California is responsible for filing the will with the probate court, inventorying assets, notifying creditors, paying debts and taxes, and distributing remaining assets to beneficiaries. The process typically takes 9-12 months for simple estates and 12-18 months on average. The 4-month creditor claim period sets a minimum timeline. The California estate settlement plan outlines each step.

Executor fees and attorney fees are separate costs in California probate. Attorney fees are set by statute. Executor compensation follows the same schedule as attorney fees. Both fees are paid from the estate before distribution to beneficiaries. To estimate the attorney fee, use the California probate attorney fee calculator.

Total probate costs in California include executor fees, attorney fees, court filing fees, publication costs, and potentially bond premiums. Executor compensation is one component of the overall expense. On a $500,000 estate, the total runs about $29,735 — roughly 6% of estate value — depending on complexity. Use the California probate calculator for a complete cost estimate.

The California statutory schedule for executor compensation is: 4% on the first $100K, 3% on the next $100K, 2% on the next $800K, 1% on the next $9M, 0.5% on the next $15M, 0% on amounts above $25M. This is the same schedule used for attorney fees. The fee applies to the gross value of the probate estate. Extraordinary services may warrant additional compensation as approved by the court.

Executor Fees in California

Executor fees in California follow a statutory schedule — typically to of the estate value. This gives families predictability when estimating probate costs. The probate calculator includes executor fees in its total cost estimate.

California bond requirement: Yes. The bond is waivable (Yes), often through a provision in the will. The typical bond premium is 0.5% of estate value annually. Bond costs are an additional probate expense beyond executor compensation.

Beyond executor compensation, California probate involves attorney fees (statutory (set by law)), court filing fees, and publication costs. The executor is responsible for managing these expenses. See the estate settlement plan for a step-by-step guide to the California probate process.

Simple estates in California typically close in 9 months to 12 months. Executor compensation is usually paid at the close of the estate, though interim fees may be requested for longer administrations.