Bock v. Superior Court
Appellant and executor Mary Bock appeals from the probate court’s orders awarding compensation for ordinary services to (i) Bock, as personal representative of decedent, pursuant to Probate Code section 10800,[1] and (ii) her attorney, pursuant to section 10810. Bock contends the court miscalculated the compensation that she and her attorney were statutorily entitled to receive.
Sections 10800 and 10810 set forth identical formulas for calculating ordinary compensation for personal representatives and their attorneys based on “the value of the estate.”[2] In simple terms, the larger the value of the estate, the greater the amount of ordinary compensation awarded. In this matter, the probate court determined that Bock and her attorney were entitled to receive a lesser amount than Bock requested, finding that Bock’s request inflated the value of the estate by double counting what was effectively a single asset. We agree and accordingly affirm.
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