How is a Florida trustee paid?

Generally, if the trust specifies the trustee's compensation, those terms control; otherwise the trustee is entitled to compensation that is reasonable under the circumstances (§736.0708).

Can a Florida trustee pay themselves?

A trustee may take reasonable compensation, but paying yourself is a self-interested transaction to document carefully — many trustees have the amount and basis reviewed, since it implicates the duty of loyalty (§736.0802). General information, not legal advice.

What makes trustee compensation “reasonable” in Florida?

Reasonableness depends on factors like the work performed, the trust's size and complexity, the time and skill required, and the results achieved — a fact-specific question well suited to attorney review (§736.0708).

Florida Trustee Compensation — §736.0708, Explained

Florida Trustee compensation: §736.0708, explained

Florida gives Trustees no fee schedule. If the Trust sets compensation, that generally controls; if it is silent, §736.0708 entitles the Trustee to compensation that is reasonable under the circumstances. Here is how Florida approaches the number — and why paying yourself is a decision to paper carefully.

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How Florida 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 Florida Trustees — courts weigh things like the size of the Trust, the work actually performed, the skill required, and customary charges.
Other services count separately: a Trustee who renders services beyond the trustee role may be allowed reasonable compensation for those in addition. Professional fiduciaries often publish fee schedules; 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 §736.0708; the attorney the Trustee hires is presumed reasonable under §736.1007 — different statutes, different numbers.

The governing provisions

Trustee compensation
§ 736.0708 ↗
If the trust does not specify, the trustee is entitled to reasonable compensation.
Duty of loyalty
§ 736.0802 ↗
The trustee must administer the trust solely in the interests of the beneficiaries; certain conflicted transactions are voidable.
Discretionary powers; trustee-beneficiary limits

Florida Trustee compensation: §736.0708, explained

How Florida approaches the number

The governing provisions

Trustee compensation

Duty of loyalty

Discretionary powers; trustee-beneficiary limits

Why paying yourself needs care

Related reading

Frequently asked questions