Chapter 736 — The Florida Trust Code

Florida Statute 736.0708

“Compensation of trustee.”

What it means

If the trust does not specify the trustee's compensation, the trustee is entitled to compensation that is reasonable under the circumstances (subsection (1)). If it does, the trustee is paid as specified, but the court may allow more or less if the duties are substantially different from those contemplated or the specified amount would be unreasonably low or high (subsection (2)). Reasonable compensation for other services in administering the trust is allowed in addition (subsection (3)).

Under subsection (4)(a), an attorney serving as trustee, or a person related to the attorney, is not entitled to compensation for serving if the attorney prepared or supervised the execution of the instrument appointing them, unless the attorney or appointee is related to the settlor or the attorney made three listed disclosures to the settlor before the instrument was executed. The settlor must sign a separate written acknowledgment (paragraph (b)), but failing to obtain it does not disqualify the trustee or affect the validity of the trust (paragraph (e)). The subsection applies to appointments under trust agreements executed by a Florida resident on or after October 1, 2020, or amended on or after that date if the trust agreement nominates the attorney who prepared or supervised the execution of the amendment, or a person related to that attorney (paragraph (f)).

— What it says

If the trust does not specify compensation, the trustee is entitled to what is reasonable under the circumstances. (§ 736.0708(1))
If the trust specifies compensation, the court may allow more or less for substantially different duties or an amount unreasonably low or high. (§ 736.0708(2))
Reasonable compensation for other services in administering the trust is allowed in addition. (§ 736.0708(3))
An attorney-trustee, or a related person, who prepared or supervised the trust's execution is not entitled to compensation unless related to the settlor or the three disclosures were made before execution. (§ 736.0708(4)(a))
The settlor's written acknowledgment must be in a separate writing; failing to obtain it does not disqualify the trustee or affect the trust's validity. (§ 736.0708(4)(b), (e))
The subsection applies to trust agreements executed by a Florida resident on or after October 1, 2020, and to qualifying later amendments. (§ 736.0708(4)(f))

Text of the statute (2026)

§ 736.0708(1)-(3)

(1) If the terms of a trust do not specify the trustee’s compensation, a trustee is entitled to compensation that is reasonable under the circumstances. (2) If the terms of a trust specify the trustee’s compensation, the trustee is entitled to be compensated as specified, but the court may allow more or less compensation if: (a) The duties of the trustee are substantially different from those contemplated when the trust was created; or (b) The compensation specified by the terms of the trust would be unreasonably low or high. (3) If the trustee has rendered other services in connection with the administration of the trust, the trustee shall also be allowed reasonable compensation for the other services rendered in addition to reasonable compensation as trustee.

§ 736.0708(4)(a)

(4)(a) An attorney serving as a trustee, or a person related to such attorney, is not entitled to compensation for serving as a trustee if the attorney prepared or supervised the execution of the trust instrument that appointed the attorney or person related to the attorney as trustee, unless the attorney or person appointed is related to the settlor or the attorney makes the following disclosures to the settlor before the trust instrument is executed: 1. 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; 2. Any person, including an attorney, who serves as a trustee is entitled to receive reasonable compensation for serving as trustee; and 3. Compensation payable to the trustee is in addition to any attorney fees payable to the attorney or the attorney’s firm for legal services rendered to the trustee.

§ 736.0708(4)(e)-(f)

(e) The failure to obtain an acknowledgment from the settlor under this subsection does not disqualify a trustee from serving and does not affect the validity of a trust instrument. (f) This subsection applies to all appointments made pursuant to a trust agreement: 1. Executed by a resident of this state on or after October 1, 2020; or 2. Amended by a resident of this state on or after October 1, 2020, if the trust agreement nominates the attorney who prepared or supervised the execution of the amendment or a person related to such attorney as trustee.

Excerpts are the subsections the summary relies on. Read the full official text of § 736.0708.

History. s. 7, ch. 2006-217; s. 9, ch. 2020-67.

— In a Florida probate

How it applies

Section 736.0708 sets no percentage schedule for trustee compensation. The standard in subsection (1) is what is reasonable under the circumstances, and a court may adjust a stated fee under subsection (2). Subsection (4) applies when the attorney who prepared or supervised the execution of the instrument, or a person related to that attorney (including an employee or attorney of the same firm), is appointed trustee. The compensation bar does not apply if the appointee is related to the settlor or the required disclosures were made before execution. Paragraph (d) leaves other rights and remedies of interested persons unaffected.

Where this shows up

Pages on this site where § 736.0708 does real work:

Related sections

§ 736.0706Removal of trustee.§ 736.0813Duty to inform and account.§ 733.617Compensation of personal representative § 736.0201Role of court in trust proceedings

Questions people ask

What is a reasonable trustee fee in Florida?

Florida Statute 736.0708 provides no percentage. If the trust does not specify compensation, the trustee is entitled to what is reasonable under the circumstances (subsection (1)). If the trust specifies it, the court may allow more or less when the duties are substantially different from those contemplated or the amount would be unreasonably low or high (subsection (2)).

Sources

Fla. Stat. § 736.0708 (2026) ("compensation that is reasonable under the circumstances" (subsection (1)); attorney-trustee rule in subsection (4))

Last checked: October 17, 2026

The official text

This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.

Read § 736.0708

Published by the Probate.Help editorial team.How these pages are written and checked.