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Florida Trustee compensation: §736.0708, explained

Florida gives Trustees no fee schedule. If the Trust sets compensation, that generally controls; if it is silent, §736.0708 entitles the Trustee to compensation that is reasonable under the circumstances. Here is how Florida approaches the number — and why paying yourself is a decision to paper carefully.

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How Florida 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 Florida 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 §736.0708; the attorney the Trustee hires is presumed reasonable under §736.1007 — different statutes, different numbers.

The governing provisions

  • Trustee compensation

    § 736.0708 ↗

    If the trust does not specify, the trustee is entitled to reasonable compensation.

  • Duty of loyalty

    § 736.0802 ↗

    The trustee must administer the trust solely in the interests of the beneficiaries; certain conflicted transactions are voidable.

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Discretionary powers; trustee-beneficiary limits

§ 736.0814 ↗

Discretionary powers must be exercised in good faith per the trust's terms and beneficiary interests; a beneficiary-trustee generally cannot make discretionary distributions to themselves except within a health, education, maintenance, and support (HEMS) standard.

Why paying yourself needs care

  • Paying yourself is a self-interested act by a fiduciary — the duty of loyalty (§736.0802) 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: §736.0814 limits self-dealing discretion, and compensation that looks like a disguised distribution invites challenge.
  • Beneficiaries will see it: compensation appears in the Trust accounting (§736.08135). 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.

Related reading

  • The §736.1007 attorney fee, explained →
  • Executing a Trust termination in Florida →
  • Florida Trustee duties overview →

General information about Florida law, not legal advice.

Frequently asked questions

How is a Florida trustee paid?
Generally, if the trust specifies the trustee's compensation, those terms control; otherwise the trustee is entitled to compensation that is reasonable under the circumstances (§736.0708).
Can a Florida trustee pay themselves?
A trustee may take reasonable compensation, but paying yourself is a self-interested transaction to document carefully — many trustees have the amount and basis reviewed, since it implicates the duty of loyalty (§736.0802). General information, not legal advice.
What makes trustee compensation “reasonable” in Florida?
Reasonableness depends on factors like the work performed, the trust's size and complexity, the time and skill required, and the results achieved — a fact-specific question well suited to attorney review (§736.0708).

General information about Florida law, not legal advice.

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    • TrusteeClear. General information about Florida Trustee duties, not legal advice. Using these tools does not create an attorney-client relationship. AI organizes and drafts; TrusteeClear never files or sends anything on your behalf. Where attorney review happens, it is your firm's attorney or an independent attorney you engage directly. AI observations and chat are informational only — not legal advice, and not attorney-reviewed.