Virginia Trustee compensation: Va. Code § 64.2-761, explained

How Virginia 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 Virginia 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 (Va. Code § 64.2-762), and a change in the method or rate of your compensation is noticed to the qualified beneficiaries in advance (Va. Code § 64.2-775(B)(4)). Among the remedies for a breach of trust, the court may reduce or deny compensation (Va. Code § 64.2-792); 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 Va. Code § 64.2-761; the attorney the Trustee hires is paid the fee they agree — Virginia sets no presumptive attorney fee for trust administration.

The governing provisions

• Compensation of trustee

  Va. Code § 64.2-761 ↗

  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

  Va. Code § 64.2-764 ↗

  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

  Va. Code § 64.2-776 ↗

  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 (Va. Code § 64.2-764) 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: Va. Code § 64.2-776 limits self-dealing discretion, and compensation that looks like a disguised distribution invites challenge.
• Beneficiaries will see it: compensation appears in the Trust accounting (Va. Code § 64.2-775(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 Virginia law, not legal advice.