Legal Question in Wills and Trusts in California

The co-trustees are the administrators of the trust while co-executors would probate a will, if necessary. In the case of a trust, unless the trust document specifies otherwise, Probate Code � 15681 states that the trustee is entitled to reasonable compensation under the circumstances of the particular trust administration.

The California Rule of Court 7.776 provides guidelines for courts as to reasonable trustee fees that are also useful in determining such fees where there is no court action. For example, among other things, the gross income or value of the estate, whether any usual skill, expertise, or experience was needed, the amount of time spent by the trustees or the customary fees in the community where the trust was administered are all factors to consider when deciding what a reasonable fee should be. Where there are co-trustees, these individuals would ordinarily split whatever the reasonable fee is determined to be.

Executors are entitled to reimbursement of expenses incurred in administering the estate as well as payment of commissions for ordinary services based on a fixed percentage of the probate estate under Probate Code�11004. Executors can also be entitled to extraordinary fees where unusual services were required ( Probate Code � 10801).