Texas Trustee compensation: Prop. Code §114.061, explained

How Texas approaches the number

• Trust terms first. If the instrument specifies compensation, the Trustee is entitled to what it says (Prop. Code §114.061); a court may deny all or part of the compensation for a breach of trust.
• If the Trust is silent: compensation reasonable under the circumstances. There is no statutory percentage for Texas 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 Prop. Code §114.061; the attorney the Trustee hires is paid the fee they agree — Texas sets no presumptive attorney fee for trust administration.

The governing provisions

• Discretionary powers; tax savings

  § PR.113.029 ↗

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

• Compensation

  § PR.114.061 ↗

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

• Loyalty

  § PR.117.007 ↗

  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 (Prop. Code §117.007) 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: Prop. Code §113.029 limits self-dealing discretion, and compensation that looks like a disguised distribution invites challenge.
• Beneficiaries will see it: compensation appears in the Trust accounting (Prop. Code §113.151). 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.

This product is not a substitute for the advice of an attorney.

General information about Texas law, not legal advice.