SECTIONS 8960-8964 - California Statutes

PROBATE CODE

SECTION 8960-8964

8960. (a) The commission and expenses provided by this article as
compensation for the services of the probate referee shall be paid
from the estate.
(b) The probate referee may not withhold the appraisal until the
commission and expenses are paid, but shall deliver the appraisal to
the personal representative promptly upon completion.
(c) The commission and expenses of the probate referee are an
expense of administration, entitled to the priority for payment
provided by Section 11420, and shall be paid in the course of
administration.

8961. As compensation for services the probate referee shall
receive all of the following:
(a) A commission of one-tenth of one percent of the total value of
the property for each estate appraised, subject to Section 8963. The
commission shall be computed excluding property appraised by the
personal representative pursuant to Section 8901 or by an independent
expert pursuant to Section 8904.
(b) Actual and necessary expenses for each estate appraised. The
referee shall file with, or list on, the inventory and appraisal a
verified account of the referee's expenses.

8963. (a) Notwithstanding Section 8961 and subject to subdivision
(b), the commission of the probate referee shall in no event be less
than seventy-five dollars ($75) nor more than ten thousand dollars
($10,000) for any estate appraised.
(b) Upon application of the probate referee, the court may allow a
commission in excess of ten thousand dollars ($10,000) if the court
determines that the reasonable value of the referee's services
exceeds that amount. Notice of the hearing under this subdivision
shall be given as provided in Section 1220 to all of the following
persons:
(1) Each person listed in Section 1220.
(2) Each known heir whose interest in the estate would be affected
by the petition.
(3) Each known devisee whose interest in the estate would be
affected by the petition.
(4) The Attorney General, at the office of the Attorney General in
Sacramento, if any portion of the estate is to escheat to the state
and its interest in the estate would be affected by the petition.
(5) Each person who has requested special notice of petitions
filed in the proceeding.

8964. If more than one probate referee appraises or participates in
the appraisal of property in the estate, each is entitled to the
share of the commission agreed upon by the referees or, absent an
agreement, that the court allows. In no case shall the total
commission for all referees exceed the maximum commission that would
be allowable for a single referee.