Trustee compensation: what California law actually provides

The instrument first

If the trust instrument provides for the trustee's compensation, §15680 entitles the trustee to it. The court may fix greater or lesser compensation where the duties are substantially different from those the settlor contemplated, where the specified compensation would be inequitable or unreasonably low or high, or in extraordinary circumstances — and any change applies prospectively.

Where the instrument is silent, §15681 entitles the trustee to reasonable compensation under the circumstances.

No schedule for a private trustee

California sets no percentage for a private trustee. The statutory percentages people hear about — 4% of the first $100,000 and so on — belong to a probate estate's personal representative (§10800) and that representative's attorney (§10810), not to a trustee. What is reasonable for a trustee turns on the circumstances, and the court may fix, allow or review the reasonableness of a trustee's compensation on petition (§17200(b)(9)).

Expenses, and a trustee who is an attorney

Separate from compensation, §15684 entitles the trustee to repayment from the trust for expenditures properly incurred in administering it, and for other expenditures to the extent they benefited the trust.

A trustee who is also an attorney faces a specific rule: §15687 limits the trustee to either the trustee's compensation or compensation for legal services, not both, unless — after full disclosure — dual compensation is approved by court order or by the advance written notice the section describes, without objection.

Paying yourself, carefully

Taking compensation is a self-interested act by a fiduciary. The duty of loyalty (§16002) and the limits on self-dealing (§16004) are in the room, and the account shows the trustee's compensation for the period (§16063(a)(3)). Many family trustees document the basis, the rate and the work before the money moves — and bring the question to a licensed California attorney of their choosing where the instrument is silent.

The statutes, verbatim

• Compensation as the instrument provides

  Prob. Code §15680 ↗

  Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.

• Reasonable compensation where the instrument is silent

  Prob. Code §15681 ↗

  Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.

• Repayment of the trustee's expenditures

  Prob. Code §15684 ↗

  Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.

• Compensation of a trustee who is an attorney

  Prob. Code §15687 ↗

  Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.

Common questions

Frequently asked questions

Is a California trustee entitled to be paid?

Yes: to the compensation the instrument provides (§15680) or, where it is silent, to reasonable compensation under the circumstances (§15681). Expenditures properly incurred are repaid from the trust (§15684).

Do the probate percentages apply to trustees in California?

No. §§10800 and 10810 set the statutory compensation of a probate estate's personal representative and that representative's attorney. A private trustee's compensation is the instrument's, or reasonable compensation (§15681).

Does the trustee's compensation have to be disclosed?

Yes, in the account: §16063(a)(3) lists the trustee's compensation for the period among the account's contents.

General information about California law, not legal advice.