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Cal. Rules of Court, rule 7.705 · Chapter 15. Compensation of Personal Representatives and Attorneys

Calculation of statutory compensation

Review required

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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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.