Probate: Routine And Extraordinary Probate Attorney’s Fees Are Normally Payable Out Of The Estate

Appellate Court Rejected Ordering That Payment Of Fees And Costs Should Come From Personal Representative’s Attorney.

            In the probate area, Estate of Anderson, Case No. A161729 (1^st Dist., Div. 1 Aug. 17, 2021) (unpublished) confirms the general rule that routine and extraordinary probate attorney’s fees are normally payable out of the probate estate.  These expenses are not a personal charge against the executor, much less the executor’s attorney.  (Estate of Wong, 207 Cal.App.4^th 365, 375 (2012); Miller v. Campbell, Warburton, Fitzsimmons, Smith, Mendel & Pastore, 162 Cal.App.4^th 1331, 1339 (2008).)