Trust Administration | Coral Gables, Florida
What Does a Successor Trustee Cost in Florida?
Attorney fees and trustee compensation are not one fixed figure. They depend on the trust instrument, the assets involved and the scope of work. Trust Counsel, PL focuses on trust and estate matters from its Coral Gables office.
Marenco · Published October 15, 2026
How much does a successor trustee typically cost? The answer depends on the trust instrument, the assets involved, and the facts of each case. Attorney fees are agreed between client and attorney according to the scope of work. A trustee’s own pay depends on what the trust says and on applicable Florida law. This page explains some of the cost categories and how they are set. It does not quote rates, retainers, or price ranges. Read it as a starting point, not a quote. Trust Counsel, PL is a Florida trusts and estates law firm. Its only office is in Coral Gables, Florida.
What a Successor Trustee Does and Who This Page Is For
A successor trustee may be a person or institution named in a trust to take over when the first trustee can no longer serve, depending on the governing trust instrument and applicable Florida law. For background on how different types of trusts are structured, see this overview.
The trust document may name who comes next, depending on its terms and applicable Florida law. What that person must do depends on the governing trust instrument and applicable Florida law. No single task list fits every trust.
When a trusteeship must be filled, Florida law may provide an order for filling it, depending on the governing trust instrument and the facts of each case (Fla. Stat. § 736.0704). Depending on the governing trust instrument and applicable Florida law, a successor named in the trust may come first. Next comes a person the qualified beneficiaries agree on unanimously. Last, the court may appoint someone.
This page is for named successor trustees, beneficiaries, and heirs. It explains likely cost categories before you decide how to proceed.
Trust Counsel’s lawyer can serve individually as trustee or personal representative. The firm advises and represents trustees, personal representatives and beneficiaries. The firm does not serve as a fiduciary itself.
Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.
The Short Answer: How Fees Are Determined
Attorney fees are agreed between client and attorney according to the scope of work. No single figure applies to every trust.
The scope depends on the trust instrument, the assets, the number of beneficiaries, whether a court proceeding is needed, and the facts of each case.
The Florida Bar’s fee rule lists several factors. Other factors may also affect the agreed fee, depending on the scope of work and the facts of each case.
Trustee pay is a separate question. Depending on the governing trust instrument, applicable Florida law and the facts of each case, a trustee may be entitled to compensation that is reasonable under the circumstances if the trust does not set it.
If the trust does set it, a court may allow more or less in limited cases. One example is when the trustee’s duties differ substantially from those expected when the trust was created, under § 736.0708(2). Whether any pay applies depends on the trust and the facts of each case.
What Drives the Cost of Trust Administration
The scope of the work drives cost. Several factors shape that scope.
- The complexity of the trust terms and any unclear instructions
- The assets, such as real estate, business interests, or investment accounts
- Tax, creditor, and filing questions, which depend on the facts
- The number of qualified beneficiaries and how much communication they need
Depending on the governing trust instrument and applicable Florida law, a fiduciary may have additional duties that can add to the work involved. How it applies depends on the trust and the facts of each case.
Expenses must be reasonable, too. Under Fla. Stat. § 736.0805, depending on the governing trust instrument, applicable Florida law, and the facts of each case, a trustee’s expenses may need to be reasonable in relation to the trust property, the trust’s purposes, and the trustee’s skills. What counts as reasonable depends on the facts of each case.
Disagreement can add cost. Depending on the governing trust instrument, applicable Florida law and the facts of each case, an attorney for a trustee may be entitled to further reasonable compensation for extraordinary services. Whether trust contests or other litigation count as extraordinary services depends on the governing trust instrument, applicable Florida law, and the facts of each case.
Cost Categories Successor Trustees Often Ask About
Four cost categories may come up in a trust administration.
- Attorney fees. These are agreed according to the scope of work. For a specific matter, fees are agreed between client and attorney based on the scope of work discussed.
- Trustee compensation. This depends on the trust terms, applicable Florida law, and the facts of each case.
- Reimbursable expenses. Depending on the governing trust instrument, applicable Florida law, and the facts of each case, a trustee may be reimbursed from trust property for reasonable expenses properly incurred (Fla. Stat. § 736.0709).
- Court-related fees. Depending on applicable Florida law and the facts of each case, an attorney who has rendered services to a trust may be able to apply to the court for reasonable compensation from the trust. Notice goes to the trustee and to beneficiaries entitled to an accounting.
This list does not cover every cost. Filing, recording, appraisal, and court costs depend on the assets and the steps required. Ask for a written explanation of what you may owe before you sign an engagement agreement.
How the Process Works and What to Expect
The process starts with a free initial consultation. A written scope of work comes before the engagement begins.
- Initial consultation. This is free, confidential, and carries no obligation to continue. The trust document and key facts are reviewed.
- Written scope and fee agreement. It describes what the attorney will advise or represent you on, and what costs may apply.
- Review and notices. The trust, the asset list, and beneficiary notice questions are reviewed under applicable Florida law. Timing depends on the facts of each case.
- Administration steps. A Trust Counsel attorney may advise on or represent you in these steps, subject to the governing instrument and applicable law.
Not every trust follows the same path. Some steps may stay simple. Others may grow if disputes arise.
Why Work With Trust Counsel, PL
Trust Counsel, PL focuses on trust and estate matters from its Coral Gables office, which is its only office.
The firm’s work covers trust administration, trust litigation, probate litigation, estate tax planning, and business succession planning.
The firm has support staff. Leslie V. Marenco is the lawyer named for this page.
Trust Counsel’s attorneys can serve individually as trustee or personal representative. The statute limits trustee pay in some cases involving the attorney who drafted the trust. Depending on the governing trust instrument and applicable Florida law, an attorney who prepared or supervised the trust naming that attorney as trustee may not be entitled to trustee compensation. An exception may apply, such as required disclosures made to the settlor before signing. Whether it applies depends on the trust instrument and the facts of each case.
Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.
Common Questions About Successor Trustee Costs
How much does a successor trustee typically cost?
There is no fixed figure. Cost depends on the trust instrument, the assets, the scope of work, and the facts of each case.
Does a successor trustee always need an attorney?
Not necessarily. Whether an attorney is needed depends on the trust instrument, the assets, and the facts of each case.
Can a successor trustee be paid?
Possibly. Pay depends on the trust terms, applicable Florida law, and the facts of each case.
How are attorney fees set?
They are agreed between client and attorney according to the scope of work.
What happens if beneficiaries disagree about fees?
A court may review the fee. Depending on applicable Florida law and the facts of each case, the burden of proof on reasonableness may fall on the trustee and the person employed. The outcome depends on the trust and the facts of each case.
Is the first consultation free?
Yes. The initial consultation is free, confidential, and carries no obligation to continue.
Book Your Free Initial Consultation
If you were named successor trustee and aren’t sure what the administration may cost, the next step is a conversation about your trust.
Call (305) 707-7126 or schedule online to book your free initial consultation at the Coral Gables office.
The initial consultation is free, confidential, and carries no obligation to continue. Results depend on the governing instrument, applicable law, and the facts of each case.
Factors That Commonly Affect the Cost
The Trust Instrument
The terms of the trust may address trustee compensation, the trustee's powers and how expenses are handled. Their scope depends on the governing instrument and applicable Florida law.
Assets and Complexity
The types of assets, their location, any business interests and any real property can affect how much work the administration requires.
Scope of Work
Whether the matter involves a limited review, a full trust administration or a dispute among beneficiaries changes the work involved and the fees agreed.
Facts of Each Case
Family relationships, creditor issues, tax questions and the level of cooperation among interested parties can all influence the time and cost of a matter.
How Attorney Fees Are Determined
Agreed in Writing
Fees are agreed between the client and the attorney according to the scope of work. The agreement is the starting point for what the client may owe.
Costs Disclosed Up Front
Filing fees, recording costs and other out-of-pocket expenses that may apply are discussed before the work begins, so the client understands the full picture.
Questions Answered First
During the initial consultation, the attorney can explain how fees are determined for the matter described and what information would affect the estimate.
Important Note
Attorney fees are separate from trustee compensation. Do not assume either amount without reviewing the specific documents.