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Ohio Trustee compensation: R.C. 5807.08, explained

Ohio sets no statutory fee for Trustees. If the Trust specifies compensation, that generally controls, though the court may allow more or less where the duties changed or the fee is unreasonably low or high; if it is silent, R.C. 5807.08 provides for compensation that is reasonable under the circumstances. Here is how Ohio approaches the number — and why paying yourself is a decision to paper carefully.

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How Ohio 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 Ohio 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 (R.C. 5807.09), and a change in the method or rate of your compensation is noticed to the current beneficiaries in advance (R.C. 5808.13(B)(4)). Among the remedies for a breach of trust, the court may reduce or deny compensation (R.C. 5810.01); 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 R.C. 5807.08; the attorney the Trustee hires is paid the fee they agree — Ohio sets no presumptive attorney fee for trust administration.

The governing provisions

  • Compensation of trustee

    R.C. 5807.08 ↗

    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 to beneficiaries - voidable transactions - conflicts of interest

    R.C. 5808.02 ↗

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

  • Judicial standard of review for discretionary trusts

    R.C. 5808.14 ↗

    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 (R.C. 5808.02) 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: R.C. 5808.14 limits self-dealing discretion, and compensation that looks like a disguised distribution invites challenge.
  • Beneficiaries will see it: compensation appears in the Trust accounting (R.C. 5808.13(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 Ohio law, not legal advice.

Frequently asked questions

How is an Ohio trustee paid?
As the trust instrument specifies; where it does not, a trustee is entitled to compensation that is reasonable under the circumstances (R.C. 5807.08(A)). Ohio has no statutory fee schedule for a trustee. The trustee notifies the current beneficiaries in advance of any change in the method or rate of compensation (R.C. 5808.13(B)(4)), and expenses properly incurred are reimbursed with interest as appropriate (R.C. 5807.09).
Can a court change an Ohio trustee's compensation?
Yes. Where the terms specify the compensation, the court may allow more or less if the trustee's duties are substantially different from those contemplated when the trust was created or the specified compensation is unreasonably low or high (R.C. 5807.08(B)) — a power the instrument cannot take away (R.C. 5801.04(B)(7)); among the remedies for a breach of trust, the court may reduce or deny compensation (R.C. 5810.01(B)(8)).
What about a trustee the probate court supervises?
A testamentary trustee's compensation is set by the county's local rule, with additional compensation for extraordinary services on an itemized application; cotrustees' compensation in the aggregate does not exceed one trustee's unless the instrument provides otherwise, and no compensation is allowed while the trustee is delinquent in filing an account (Civ.R. 73.24).

General information about Ohio law, not legal advice.