Probate Code
Guardians and conservators (aka guardians of the estate) are generally entitled to reasonable compensation for their work. State statutes limit the fees to a certain amount which cannot be exceeded without prior court approval. Others just permit reasonable compensation and allow courts to interpret what constitutes excessive compensation.
The guardian may collect fees that are reasonable and appropriate and that are set and approved by the court. Fees of the guardian will not be approved unless all reports required of the guardian are current.
When there are no fees specially provided for the performance of any duty under the Probate Code, reasonable fees may be ordered and allowed as the court may deem best.
If the court determines that by reason of unusual circumstances the fee computed hereafter is not equitable after considering the time and effort reasonably expended and the responsibility with which the personal representative was charged, the court may allow such additional fee as the court determines proper. The court shall allow the personal representative fees for ordinary services rendered to the estate unless the personal representative files a written waiver as to a part or all thereof. The fees shall be computed on the basis of the amount of the decedent’s probate estate accounted for as follows:
(i) For the first $1,000 of the basis, 10%;
(ii) For all sums over $1,000 but not exceeding $5,000 of the basis, 5%;
(iii) For all sums over $5,000 but not exceeding $20,000 of the basis, 3%;
(iv) For all sums over $20,000 of the basis, 2%.
In addition, further fees as are just and reasonable may be allowed by the court to the personal representative for extraordinary expenses or services actually incurred or rendered by the personal representative and necessary to the proper administration and distribution of the estate. Extraordinary services shall include but not be limited to services rendered by the personal representative relative to any tax matters and services rendered by the personal representative in connection with any litigation to which the decedent or the estate is a party.