How Much Can a Florida Trustee Be Paid?

Section 736.0708 sets no percentage or fee schedule for trustees.

If the trust specifies compensation, section 736.0708(2) entitles the trustee to that amount. A court may allow more or less if the duties differ substantially from those contemplated at creation, or if the specified amount would be unreasonably low or high. Under subsection (3), a trustee who performs other services in administering the trust is also allowed reasonable compensation for them in addition to trustee pay.

Under section 736.0708(4), an attorney serving as trustee, or a related person, is not entitled to trustee compensation if the attorney prepared or supervised the signing of the appointing trust, unless the attorney or person appointed is related to the settlor or the attorney made three disclosures to the settlor before signing. A related person includes an employee or attorney of the same law firm. The settlor must sign a separate written acknowledgment of the disclosures that any person may serve as trustee, that any trustee is entitled to reasonable compensation and that trustee pay is in addition to attorney fees. This rule applies to trusts signed, or amended to make that appointment, by a Florida resident on or after October 1, 2020.

Under section 736.0708(4)(e), failing to obtain the acknowledgment does not disqualify the trustee from serving or affect the trust's validity. Trustee duties are covered in the duties a Florida trustee owes, and more is on the wills and trusts practice page.