Cal. Rules of Court, rule 7.705 · Chapter 15. Compensation of Personal Representatives and Attorneys
Calculation of statutory compensation
Text — As posted by the Judicial Council of California (read October 22, 2026)
(a) Account filed
A petition for statutory commissions or attorney fees must state the amount of statutory compensation payable and set forth the estate accounted for and the calculation of statutory compensation. The calculation must be stated in the petition in substantially the following form:
COMMISSION OR FEE BASE
Inventory and Appraisal $_______________
Receipts, Excluding Principal $_______________
Gains on Sales $_______________
Losses on Sales $(______________)
TOTAL COMMISSION OR FEE BASE $ ________________
COMMISSION OR FEE COMPUTATION
4% on first $100,000 ($___________)1 $_______________2
3% on next $100,000 ($___________) $_______________
2% on next $800,000 ($___________) $_______________
1% on next $9,000,000 ($___________) $_______________
1/2 of 1% on next $15,000,000 ($___________) $_______________
Amount requested from the court for
estates above $25,000,000 ($___________) $_______________
TOTAL COMMISSION OR FEE $________________3
1. Enter in this column the amount of the estate accounted for in each category. The sum of the entries in this column would equal the total commission or fee base.
2. Enter in this column the product of the amount of the estate accounted for in each category multiplied by the percentage for that category.
3. Enter here the sum of the products entered in this column.
(b) Account waived
When an account has been waived, the report must contain the information required by rule 7.550. If the report is accompanied by a request for statutory commissions or fees, the basis for their computation must be included in the petition substantially in the form provided in (a). Notwithstanding the waiver of account, if the petition and report requests statutory commissions or fees based on any amount other than the amount of the Inventory and Appraisal, detailed schedules of receipts and gains and losses on sales must be included.
Notes and commentary — not rule text
History
Rule 7.705 adopted effective January 1, 2003.
Source of truth
- Edition
- As posted by the Judicial Council of California (read October 22, 2026)
- Official file
- https://courts.ca.gov/cms/rules/index/seven/rule7_705
- Text hash
- sha256 65203dd789e92ea53402222fe6cf5bde4f8ec6d71b5b1d83a290e2faf2e1eb74
- Composed by
- compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
- The Judicial Council's PDF of Title 7 (last modified April 8, 2026) prints this rule differently: where this page prints “1/2” the PDF prints “½”. The rule page's text is shown.
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