Legal Question in Wills and Trusts in California

Re: fee for executor of a trust

If the trust instrument provides for the trustee's compensation, the trustee is entitled to be compensated in accordance with the trust instrument, Cal. Probate Code § 15680(a), and may petition the court for extraordinary expenses or if the specified compensation is unresonably low or high, § 15680(b). If the trust instrument does not specify the trustee's compensation, the trustee is entitled to reasonable compensation under the circumstances. § 15681.

As an example, the executor of a will admitted to probate would be entitled to statutory compensation of about $28,000 for an estate valued at $1.5M.

If two co-trustees do not agree on the apportionment of the compensation between them, the court will apportion compensation according to the services rendered by each. § 15683.

Re: fee for executor of a trust

You can't do anything without the trust document making you the successor trustee. If you have the document, you must marshall the assets and prepare an accounting, providing the beneficiaries an accounting and a copy of the trust document. Keep you time spent in the process and bill the estate a reasonable hourly rate based upon the value of your time. You can and should also hire an accountant and a lawyer to assist you in the process. You are entitled to pay them their reasonable and customary fees from the trust estate.

P.S. There is no Executor of a trust. An executor is a personal representative of a probate estate when there is a will being probated.