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Utah Trustee compensation: Utah Code § 75B-2-708, explained

Utah sets no statutory fee for Trustees. If the Trust specifies compensation, that generally controls; if it is silent, Utah Code § 75B-2-708 provides for compensation that is reasonable under the circumstances. Here is how Utah approaches the number — and why paying yourself is a decision to paper carefully.

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How Utah 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 Utah 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 (Utah Code § 75B-2-709), and a change in the method or rate of your compensation is noticed to the qualified beneficiaries in advance (Utah Code § 75B-2-811(2)(d)). Among the remedies for a breach of trust, the court may reduce or deny compensation (Utah Code § 75B-2-1001); 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 Utah Code § 75B-2-708; the attorney the Trustee hires is paid the fee they agree — Utah sets no presumptive attorney fee for trust administration.

The governing provisions

  • Compensation of trustee

    Utah Code § 75B-2-708 ↗

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

  • 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

    Utah Code § 75B-2-812 ↗

    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 (Utah Code § 75B-2-802) 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: Utah Code § 75B-2-812 limits self-dealing discretion, and compensation that looks like a disguised distribution invites challenge.
  • Beneficiaries will see it: compensation appears in the Trust accounting (Utah Code § 75B-2-811(3)). 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 Utah law, not legal advice.

Frequently asked questions

How is a Utah trustee paid?
As the trust's terms specify; where they do not, the trustee is entitled to compensation that is reasonable under the circumstances (Utah Code § 75B-2-708). Utah has no fee schedule for a trustee.
Can a court change a Utah trustee's compensation?
Among the remedies for a breach of trust, the court may reduce or deny compensation to the trustee (Utah Code § 75B-2-1001); the court's power over a trustee's compensation and its review of the trustee's fees are matters of its jurisdiction over the trust's internal affairs (§ 75B-2-201).
Does a Utah trustee have to tell beneficiaries about a fee change?
Utah's statute provides notice to the qualified beneficiaries in advance of any change in the method or rate of the trustee's compensation, with no number of days stated (Utah Code § 75B-2-811(2)(d)), and each trustee's report shows the amount of the compensation or a fee schedule or other writing showing how it was determined (§ 75B-2-811(3)).

General information about Utah law, not legal advice.