In proceedings conducted for the termination of joint tenancies, the compensation of the personal representative may not exceed two percent of the value that passes to the surviving joint tenants. In proceedings conducted for the termination of a life estate, the compensation allowed the personal representative may not exceed two percent of the value of the life estate if it is terminated in connection with a probate or joint tenancy termination. If there is more than one personal representative, only one compensation is allowed. The amount is divided between the co-representatives. If a personal representative hires an attorney to handle legal aspects of the settlement of the estate, the attorney's compensation can not exceed one and one half times what was allowable to the personal representative.
Many attorneys now charge on an hourly fee basis rather than the percentage maximum.
The fee is often less with this method. The district court may allow additional compensation for extraordinary services, which happens only after notice has been given and a hearing held. If the will provides for the compensation of the personal representative and there is no contract with the decedent regarding compensation, the personal representative may renounce the provision before appointment. He or she would then be entitled to compensation under the terms of the Probate Code. A personal representative also may renounce his or her right to all or any part of the compensation.