Money · 5 min read
The statute's structure
§736.0708(1) supplies the default — reasonable compensation when the instrument is silent. Subsection (2) addresses trusts that DO specify: the terms generally control, though a court may allow more or less in described circumstances, such as duties substantially different from those contemplated or compensation that would be unreasonably low or high.
§736.0709 separately entitles a trustee to reimbursement out of trust property for expenses properly incurred in administration — the statute distinguishes paying yourself for the role from repaying yourself for the trust's own costs.
What informs “reasonable”
Florida case law describes factors courts weigh — commonly including the size of the trust, the responsibility assumed and risk involved, the time devoted, the skill and experience brought, the results obtained, and local custom. Corporate trustees publish fee schedules; individual trustees frequently document time and tasks so a figure can be evaluated against the factors.
Because compensation is a payment from beneficiaries' eventual shares to the fiduciary, many trustees disclose fee arrangements in accountings and, where amounts are significant or family dynamics delicate, weigh attorney input before setting them. This page is general information; a specific fee for a specific trust is exactly the individualized question the register here does not answer.
Common questions
May a family-member trustee take compensation in Florida?
§736.0708 provides for compensation reasonable under the circumstances when the instrument is silent, and gives the instrument's terms primary effect when it speaks. Serving without fee is also common — the statute permits, it does not compel.
Is there a fixed percentage for trustee fees in Florida?
The Trust Code states a reasonableness standard rather than a schedule. Case-law factors — size, responsibility, time, skill, results, custom — inform what reasonable means for particular facts.
Can a trustee be repaid for expenses?
§736.0709 provides reimbursement from trust property for expenses properly incurred in the administration — a separate entitlement from compensation for the role.
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Related reading
The Learning Center is general information about Florida law — not legal advice, and not a substitute for advice from a licensed Florida attorney about your specific facts. TrusteeClear is software, not a law firm.
Frequently asked questions
- May a family-member trustee take compensation in Florida?
- §736.0708 provides for compensation reasonable under the circumstances when the instrument is silent, and gives the instrument's terms primary effect when it speaks. Serving without fee is also common — the statute permits, it does not compel.
- Is there a fixed percentage for trustee fees in Florida?
- The Trust Code states a reasonableness standard rather than a schedule. Case-law factors — size, responsibility, time, skill, results, custom — inform what reasonable means for particular facts.
- Can a trustee be repaid for expenses?
- §736.0709 provides reimbursement from trust property for expenses properly incurred in the administration — a separate entitlement from compensation for the role.
General information about Florida law, not legal advice.