Serving as Trustee and wondering what you may charge?
Start the free role checkHow Maryland 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 Maryland 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 (Est. & Trusts § 14.5-709), and a report on request states the source and amount of your compensation (Est. & Trusts § 14.5-813(c)). Among the remedies for a breach of trust, the court may reduce or deny compensation (Est. & Trusts § 14.5-901); 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 Est. & Trusts § 14.5-708; the attorney the Trustee hires is paid the fee they agree — Maryland sets no presumptive attorney fee for trust administration.
The governing provisions
Discretionary powers
Est. & Trusts § 14.5-203 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Compensation of trustee
Est. & Trusts § 14.5-708 ↗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
Est. & Trusts § 14.5-802 ↗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 (Est. & Trusts § 14.5-802) 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: Est. & Trusts § 14.5-203 limits self-dealing discretion, and compensation that looks like a disguised distribution invites challenge.
- Beneficiaries will see it: compensation appears in the Trust accounting (Est. & Trusts § 14.5-813(c)). 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 Maryland law, not legal advice.
Frequently asked questions
- How is a Maryland trustee paid?
- As the trust provides — though a court may authorize more or less — or, if it is silent, with compensation reasonable under the circumstances (Est. & Trusts § 14.5-708(a)), judged by the eight factors of Est. & Trusts § 14.5-708(b). Maryland sets no percentage for an individual trustee.
- Must a Maryland trustee tell the beneficiaries about fees?
- A report on a qualified beneficiary's request states the source and amount of the trustee's compensation (Est. & Trusts § 14.5-813(c)(1)), and a trustee that files a schedule of rates notifies the qualified beneficiaries personally or by certified mail, with a statement of their right to petition for review (Est. & Trusts § 14.5-708(d)(4)).
- Can a Maryland trustee be reimbursed for expenses?
- Yes, with interest as appropriate, for expenses properly incurred in the administration of the trust (Est. & Trusts § 14.5-709).
General information about Maryland law, not legal advice.