{"id":4152,"date":"2026-10-25T07:29:28","date_gmt":"2026-10-25T07:29:28","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/what-is-a-reasonable-trustee-fee-in-florida\/"},"modified":"2026-10-29T08:04:59","modified_gmt":"2026-10-29T08:04:59","slug":"what-is-a-reasonable-trustee-fee-in-florida","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/what-is-a-reasonable-trustee-fee-in-florida\/","title":{"rendered":"What Is a Reasonable Trustee Fee in Florida?"},"content":{"rendered":"\n
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Trusts & Estates | Coral Gables, Florida<\/p>

What Is a Reasonable Trustee Fee in Florida?<\/h1>

A plain-language guide for beneficiaries, heirs and trustees from Trust Counsel, PL in Coral Gables. Responsible lawyer: Leslie V. Marenco.<\/p>

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By Leslie V. Marenco \u00b7 Published October 25, 2026<\/p>\n\n

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Responsible lawyer: Leslie V. Marenco, Trust Counsel, PL, Coral Gables, Florida.<\/p>\n

If you’re asking what is a reasonable trustee fee in Florida, the short answer is this: the trust document sets the pay first, and Florida law fills the gap when it doesn’t. When the trust is silent on pay, a trustee is entitled to reasonable compensation for the circumstances. This page explains how that test works, how personal representative pay differs, and what a beneficiary can do when a bill looks wrong.<\/p>\n

The Short Answer: Start With the Trust Document<\/h2>\n

Trust terms come first. When the trust sets the trustee’s pay, the trustee is generally paid as the trust specifies. When it doesn’t, Florida law steps in.<\/p>\n

Florida’s trust code says that when a trust doesn’t specify compensation, a trustee “is entitled to compensation that is reasonable under the circumstances” (Fla. Stat. \u00a7 736.0708<\/a>). The key word is reasonable. The statute doesn’t set a flat rate or one number for every trust.<\/p>\n

The trust terms also control in most areas. The trust code says a trust’s terms prevail over its default rules, except for listed exceptions (Fla. Stat. \u00a7 736.0105<\/a>). That makes drafting matter. A trust that names a fee, a percentage or a method of pay will usually be followed, but the court may adjust a trustee\u2019s compensation specified in the terms of the trust that is unreasonably low or high.<\/p>\n\n

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If a trustee's bill after a parent's death doesn't seem right, you don't have to sort out the trust terms alone. Talking it through with Trust Counsel's lawyers in Coral Gables could help you understand your options. Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

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How Florida Statute 736.0708 Defines Reasonable Compensation<\/h2>\n

Section 736.0708 sets a reasonableness standard for trusts that do not specify the trustee’s compensation, not a fee schedule; where the terms specify pay, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if the trustee’s duties are substantially different from those contemplated when the trust was created, or if the specified compensation would be unreasonably low or high. It tells a court what question to ask. It tells a court what question to ask.<\/p>\n

When a trust sets the pay, the trustee is entitled to be paid as specified. The court may allow more or less if the trustee’s duties are substantially different from what the trust contemplated, or if the specified pay is unreasonably low or high (Fla. Stat. \u00a7 736.0708<\/a>). Duties can grow over time. A simple trust at signing can become hard to run.<\/p>\n

A trustee who renders other services for the trust shall also be allowed reasonable pay for those services, in addition to trustee pay.<\/p>\n

The statute also limits one situation. For appointments under a trust agreement executed by a Florida resident on or after October 1, 2020, or amended on or after that date when the amendment nominates the drafting attorney or a related person, Fla. Stat. \u00a7 736.0708(4)(a) bars compensation<\/a> for an attorney serving as trustee, or a person related to that attorney, if the attorney prepared or supervised the trust instrument that made the appointment. The bar does not apply if the attorney or the person appointed is related to the settlor, or if the attorney gives the settlor the required disclosures before the trust instrument is executed, including this statement: \u201cUnless specifically disqualified by the terms of the trust instrument, any person, regardless of state of residence and including a family member, friend, or corporate fiduciary, is eligible to serve as a trustee.\u201d The settlor must also sign a separate written statement acknowledging those disclosures. Fla. Stat. \u00a7 736.0708<\/a> reads: “Unless specifically disqualified by the terms of the trust instrument, any person, regardless of state of residence and including a family member, friend, or corporate fiduciary, is eligible to serve as a trustee.”<\/p>\n

Factors Courts and Advisers Weigh in Deciding Reasonableness<\/h2>\n

Reasonableness depends on the trust’s facts and the work the trustee actually does. A fee that looks high for a simple account can be fair for a complicated one. Whether a particular fee is reasonable depends on the facts.<\/p>\n

Circumstances that usually bear on the question include:<\/p>\n