How do I ask for extraordinary fees as an executor

I recently received a call from Jay, frantic. His aunt, Beatrice, passed away, and he’d dutifully stepped up as the executor of her estate. He’d managed the probate process efficiently – or so he thought – only to be met with resistance from Beatrice’s nephew, who questioned the fees Jay was requesting. Jay was understandably upset; he’d put in hundreds of hours, handled complex property sales, and navigated a surprisingly contentious family dynamic. He’d expected reasonable compensation, but now felt like he was being penalized for doing the job well. The core issue? He hadn’t properly laid the groundwork for “extraordinary” fees beyond the standard statutory amount.

As an estate planning attorney and CPA with over 35 years of experience here in Escondido, I’ve seen this scenario play out repeatedly. It’s not about greed; it’s about understanding your rights as an executor and proactively addressing the issue of compensation. Executors are entitled to reasonable compensation for their services, but navigating the line between “reasonable” and “extraordinary” requires careful documentation and a clear understanding of California probate law. The fact that you’re asking about this before incurring significant expenses is a very smart first step.

What are “Ordinary” vs. “Extraordinary” Executor Fees?

The California Probate Code outlines a statutory fee schedule for executors and administrators. This schedule, found in CPC § 8250, establishes a percentage-based fee applied to the total value of the estate. For smaller estates, this percentage is higher; as the estate grows, the percentage decreases. This is considered the “ordinary” fee – what you’re automatically entitled to without needing court approval. However, if you, as the executor, perform services that go above and beyond the typical duties of estate administration, you may be able to petition the court for “extraordinary” fees.

These additional services might include:

• Complex Asset Valuation: Dealing with closely-held businesses, real estate appraisals, or unique collectibles that require specialized expertise. My CPA background is particularly helpful here – accurately valuing assets is crucial for minimizing capital gains taxes and maximizing the “step-up in basis” benefit.
• Litigation or Disputes: Handling contested wills, creditor claims, or family disagreements that require court intervention.
• Out-of-State Property Management: Managing assets located outside of California, which often involves additional travel, legal fees, and logistical challenges.
• Tax Planning and Compliance: Proactively addressing estate tax issues, preparing complex tax returns, and navigating potential tax liabilities. The 2026 ‘TCJA Sunset’ was officially averted by the One Big Beautiful Bill Act (OBBBA). As of January 1, 2026, the Federal Estate Tax Exemption is permanently set at $15 million per person ($30 million for married couples).

How Do I Properly Document Extraordinary Services?

This is where Jay stumbled. Simply doing the extra work isn’t enough. You need meticulous documentation. Keep a detailed time log, recording every task you perform, the date, the time spent, and a brief description of the activity. This log should be as granular as possible. Instead of “Managed property sale,” write “Contacted real estate agent, reviewed comparable sales data, negotiated listing agreement, oversaw property inspections, addressed repair requests, and negotiated sale price with buyer.”

Furthermore, preserve all supporting documentation – emails, invoices, appraisals, legal correspondence, and any other evidence that substantiates your efforts. If you incur out-of-pocket expenses, keep receipts. This documentation forms the basis of your petition to the court for extraordinary fees.

What’s the Process for Petitioning the Court?

You must file a formal petition with the probate court, outlining the extraordinary services you provided and the reasonable value of those services. This petition should include:

• A detailed description of the estate’s assets and liabilities.
• A breakdown of the ordinary fees you’ve already received or expect to receive.
• A comprehensive list of the extraordinary services you performed.
• Your time log and supporting documentation.
• A reasonable hourly rate for your services. Be realistic and base your rate on your experience, the complexity of the tasks, and the prevailing rates for similar services in your area.

The court will review your petition and may hold a hearing to gather additional information. Beneficiaries have the right to object to your request, so be prepared to address any concerns they may have. Remember that probate cannot be closed until the mandatory 4-month creditor claim period expires under Probate Code § 9100. Even if the estate has no known debts, this is a required waiting period.

Can Beneficiaries Object to My Fees?

Absolutely. Beneficiaries have a right to scrutinize the executor’s actions and ensure that fees are reasonable. If they object, the court will consider their arguments and weigh them against your evidence. This is why thorough documentation is so critical. It’s also why, unless explicitly waived in the Will or by all beneficiaries in writing, the court mandates a Surety Bond per Probate Code § 8482. This bond protects the estate’s value; the premium is calculated based on the total value of personal property plus annual income, and can be a substantial expense.

What About Smaller Estates?

Even for estates that qualify as “small” under California law, extraordinary fees may be justified if you encounter unusual circumstances. For deaths occurring on or after April 1, 2025, the small estate threshold for personal property is $208,850 (per CPC § 13100). This allows heirs to skip full probate via affidavit. However, even within that threshold, a complex family dynamic or a dispute over assets could warrant additional compensation. And under AB 2016, primary residences valued at $750,000 or less qualify for simplified transfer for deaths on or after April 1, 2025.

Ultimately, asking for extraordinary fees as an executor requires proactive documentation, a clear understanding of probate law, and a willingness to present your case to the court. It’s not about maximizing your profit; it’s about being fairly compensated for the extra effort you put in to protect and distribute the estate’s assets.

How do California courts decide whether a will reflects true intent or creates ambiguity?

In California, a last will and testament is reviewed under probate standards that focus on intent, capacity, and execution. Clear drafting reduces ambiguity, limits misinterpretation, and helps families avoid unnecessary conflict during estate administration.

When a will is drafted with California probate review in mind, it becomes a stabilizing roadmap rather than a source of conflict. Clear intent, proper authority, and compliant execution protect both families and estates.

Official 2026 California Probate Standards & Resources

• Probate Process: California Courts – Probate Overview
  This official judicial guide provides a high-level roadmap of the California probate system, defining the roles of executors and administrators while clarifying which assets are subject to court supervision and which bypass the process entirely.
• Unclaimed Property: California State Controller – Unclaimed Property
  A vital resource for estate representatives to search the “Estates of Deceased Persons File,” which contains millions in forgotten bank accounts, uncashed checks, and insurance benefits that must be marshaled and reported as part of a complete estate inventory.
• Probate Code: Probate Code § 13100 (Small Estate Affidavit)
  The primary statute governing the simplified collection of personal property; as of 2026, it allows successors to bypass probate for estates valued at $208,850 or less (for deaths after April 1, 2025), provided a 40-day waiting period has elapsed.
• Local Court Rules: Riverside Superior Court – Probate Division
  Provides essential “Local Rules” and “Proposed Form Changes” effective January 1, 2026, including specific requirements for remote appearances and the mandatory use of the Riverside-specific e-filing system for all probate matters in the Inland Empire.
• Tax Guidelines: Franchise Tax Board – Estates and Trusts
  The official California tax portal for fiduciaries, outlining the 2026 filing requirements for Form 541 (Fiduciary Income Tax Return) and explaining when real estate withholding (Form 593) is required for the sale of inherited property.