Last updated July 18, 2026
Unless the trust says otherwise, a Texas trustee is entitled to reasonable compensation from the trust(Prop. Code s. 114.061(a)) — no percentage schedule, no statutory table. The standard’s teeth are on the back end: breach can forfeit the fee (s. 114.061(b)), and the court’s power to adjust or disgorge compensation is mandatory law no instrument can waive. This is general information about Texas law, not legal advice.
How “reasonable” gets measured
The work, documented
Time records, the decisions made, the assets managed, the problems solved. A trustee who cannot show the work cannot defend the fee — the accounting and the fee defense are the same paper trail.
The market
Corporate-trustee published schedules are the customary benchmark (commonly around 1% of assets annually, scaling down for large trusts); individual trustees typically charge less or bill time. Deviations need reasons.
The instrument
A fixed fee, a formula, or a bar — the trust's terms control over the statute's default. Check for a compensation clause before the first distribution, not after.
Expenses are separate — and safer
Reimbursement for properly incurred administration expenses (s. 114.063) is not compensation — appraisals, accountants, insurance, necessary attorney work benefit the trust and come from it. Litigation costs can be awarded as equity requires (s. 114.064). The discipline is the same either way: an accounting-grade record of every dollar.
TrusteeClear keeps the record that defends both the trust and your fee — every transaction, every decision, documented.
Explore TrusteeClearGeneral information about Texas law, not legal advice, and not tax advice — and not a substitute for the advice of an attorney. EstateDraft is software, not a law firm.
Frequently asked questions
- How much does a Texas trustee get paid?
- 'Reasonable compensation from the trust' — that is the entire statutory standard (Prop. Code s. 114.061(a)), and it applies unless the trust terms provide otherwise. Texas has NO statutory percentage schedule. What is reasonable turns on the work actually done: the trust's size and complexity, the time and skill required, responsibilities assumed, results, and customary charges (corporate trustees publish fee schedules; individual trustees commonly benchmark against them or bill time).
- Can the trust set the fee?
- Yes — the instrument controls: it can fix an amount, a formula, or bar compensation entirely (s. 114.061(a) applies 'unless the terms of the trust provide otherwise'). Read the compensation clause before serving; accepting the trusteeship generally means accepting its terms.
- Can a trustee lose their compensation?
- Yes. If the trustee commits a breach of trust, the court may in its discretion deny all or part of the compensation (s. 114.061(b)) — and the court's power to adjust, deny, or order DISGORGEMENT of compensation is one of the mandatory rules no trust term can strip (s. 111.0035(b)(5)).
- What about the trustee's expenses?
- Properly incurred administration expenses are reimbursable from the trust (s. 114.063 — the general right to reimbursement, with an equitable lien on trust property), and in litigation the court may award costs and reasonable attorney's fees as equity requires (s. 114.064). Keep the records: reimbursement follows documentation.
- Should a family trustee actually take the fee?
- It is a real decision, not a default. Compensation is taxable income to the trustee; an inheritance is not. Family trustees who are also beneficiaries often waive fees — but a trustee doing years of genuine work (a special-needs trust, an operating business) earns theirs, and waivers should be documented, not assumed.
General information about Florida law, not legal advice.