Illinois Trustee compensation: 760 ILCS 3/708, explained

How Illinois 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 Illinois 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 (760 ILCS 3/709), and a change in the rate or method of your compensation is noticed to the qualified beneficiaries in advance (760 ILCS 3/813.1(d)(1)(B)). Where compensation is specified, the court may raise or lower it in the circumstances 760 ILCS 3/708 states; 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 760 ILCS 3/708; the attorney the Trustee hires is paid the fee they agree — Illinois sets no presumptive attorney fee for trust administration.

The governing provisions

• Compensation of trustee

  760 ILCS 3/708 ↗

  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

  760 ILCS 3/802 ↗

  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

  760 ILCS 3/814 ↗

  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 (760 ILCS 3/802) 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: 760 ILCS 3/814 limits self-dealing discretion, and compensation that looks like a disguised distribution invites challenge.
• Beneficiaries will see it: compensation appears in the Trust accounting (760 ILCS 3/813.1(b)(2)). 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 Illinois law, not legal advice.