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Colorado Trustee compensation: C.R.S. §15-5-708, explained

Colorado sets no statutory fee for Trustees. If the Trust sets compensation, that generally controls; if it is silent, C.R.S. §15-5-708 sends the question to part 6 of article 10 of title 15, which provides for reasonable compensation (C.R.S. §15-10-602). Here is how Colorado approaches the number — and why paying yourself is a decision to paper carefully.

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How Colorado approaches the number

  • Trust terms first. If the instrument specifies compensation, the Trustee is entitled to what it says — though a court may allow more or less if the duties turn out substantially different from those contemplated, or the specified amount is unreasonably low or high.
  • If the Trust is silent: compensation reasonable under the circumstances. There is no statutory percentage for Colorado Trustees — courts weigh things like the size of the Trust, the work actually performed, the skill required, and customary charges.
  • Professional help is separate: expenses properly incurred are reimbursed from the Trust (C.R.S. §15-5-709), and a fiduciary who is a member of a law firm may charge the reasonable value of the firm's services (C.R.S. §15-10-602(8)). A fee charged under a published fee schedule the governing instrument names is presumed reasonable (C.R.S. §15-10-603(4)); family Trustees commonly charge modestly or waive — choices, not requirements.
  • Don't confuse it with the attorney's fee. The Trustee's own compensation is governed by C.R.S. §15-5-708; the attorney the Trustee hires is paid the fee they agree — Colorado sets no presumptive attorney fee for trust administration.

The governing provisions

  • Compensation of trustee

    C.R.S. §15-5-708 ↗

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

  • Duty of loyalty

    C.R.S. §15-5-802 ↗

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

  • Discretionary powers - tax savings

    C.R.S. §15-5-814 ↗

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

Why paying yourself needs care

  • Paying yourself is a self-interested act by a fiduciary — the duty of loyalty (C.R.S. §15-5-802) is in the room. Document the basis, the rate, the time, and the work before the money moves.
  • If you are also a beneficiary, the line between compensation and distribution matters: C.R.S. §15-5-814 limits self-dealing discretion, and compensation that looks like a disguised distribution invites challenge.
  • Beneficiaries will see it: compensation appears in the Trust accounting (C.R.S. §15-5-813(3)). A number that surprises them there is how disputes start.
  • TrusteeClear treats paying yourself as a gated action — the record is assembled before the payment, and a firm-supervised matter routes it to the attorney first.

General information about Colorado law, not legal advice.

Frequently asked questions

How is a Colorado trustee paid?
As the trust's terms provide; where they are silent, the trustee is entitled to reasonable compensation under the Colorado Probate Code (C.R.S. §15-5-708(1)), weighed by factors such as the time, labor and skill required, the customary charges in the community and the nature and size of the estate (§15-10-603). Colorado has no fee schedule.
Does a Colorado trustee have to tell the beneficiaries before changing their compensation?
Yes. The statute has the trustee notify the qualified beneficiaries in advance of any change in the method or rate of the trustee's compensation (C.R.S. §15-5-813(2)(d)), and every annual report shows the source and amount of the trustee's compensation (§15-5-813(3)).
Can a beneficiary challenge a Colorado trustee's compensation?
Yes. A court may review the reasonableness of a fiduciary's compensation (C.R.S. §15-10-603), and even where the terms set it the court may allow more or less if it is unreasonably low or high (§15-5-708(2)); after notice of a removal proceeding, compensation is not paid from the estate without a court order (§15-10-602).

General information about Colorado law, not legal advice.