How Much Can a Trustee Charge in Illinois?
Illinois law entitles a trustee to compensation that is reasonable under the circumstances. Market custom runs 0.5% to 1.0% of trust assets per year. Most Illinois fees land somewhere in that band.
Illinois trustee fee at a glance
Fee basis
Reasonable compensation, statutory standard
Customary range
$1,250 to $50,000/yr by trust size
Court involvement
No pre-approval needed
- $250,000 trust$1,250 – $2,500
- $750,000 trusttypical$3,750 – $7,500
- $2,000,000 trust$10,000 – $20,000
- $5,000,000 trust$25,000 – $50,000
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Most visitors here fit one of three profiles. A successor trustee who inherited the role unexpectedly and wants to know what they may collect. A family member weighing whether to waive compensation entirely. Or a beneficiary trying to verify whether a proposed fee is defensible. A single statute, 760 ILCS 3/708, governs all three questions. This page explains it in everyday language and connects it to what are trust minutes so you understand why writing the decision down matters.
The statute Illinois uses
The governing law is 760 ILCS 3/708, part of the Illinois Trust Code that took effect January 1, 2020. You can read the full text on the Illinois General Assembly’s site. It works like this:
- Subsection (a), the default right. If the trust instrument does not specify the trustee’s compensation, a trustee is entitled to compensation that is reasonable under the circumstances.
- Subsection (b), the court’s adjustment role. The court may allow more or less than the instrument specifies. That happens when duties turned out substantially different from those contemplated, or when the specified amount is unreasonably low or high.
And to be direct about the thing most people come here asking: Illinois does not publish a percentage schedule for trustee compensation. No statute sets a percent of assets, and no statute lists the factors courts weigh. Any figure you hear, including the customary band this page uses, is market practice. It is not something a judge is obligated to copy.
Fee illustrations at four trust sizes
These are arithmetic illustrations of the customary band, not statutory amounts. Each card shows the trust size, the 0.5% low end, and the 1.0% high end.
A $250,000 trust
0.5% low end: $1,250/yr
1.0% high end: $2,500/yr
Customary: $1,250 – $2,500
A $750,000 trust typical
0.5% low end: $3,750/yr
1.0% high end: $7,500/yr
Customary: $3,750 – $7,500
A $2,000,000 trust
0.5% low end: $10,000/yr
1.0% high end: $20,000/yr
Customary: $10,000 – $20,000
A $5,000,000 trust
0.5% low end: $25,000/yr
1.0% high end: $50,000/yr
Customary: $25,000 – $50,000
If you are the family trustee
In practice, family trustees in Illinois do one of two things. They charge a fee and document it, or they waive the fee and document the waiver. Both are common, and neither is wrong. Many successor trustees charge when the work is real and recurring. Others waive because the trust is going to people they love, and they would rather not touch the money.
Waiving is usually treated as final. Courts generally treat a knowing waiver as binding, so if you are leaning that way, pause and check with an attorney before waiving, especially if the trust will pay you back in some other form later. If you charge instead, write the decision down. Our family trustee compensation guide covers how to document the choice, and the trust minutes template shows the fee-approval section ready to fill in.
Common mistakes Illinois trustees make
Most fee disputes trace back to ignoring one of these rules.
- The Illinois Trust Code is newer than most people realize. Illinois adopted the UTC on January 1, 2020. Before that, Illinois trustees relied on common law and the Probate Act of 1975. If your trust was created before 2020, the instrument might reference older law, but the current standard is 760 ILCS 3/708.
- The court adjusts, it does not pre-approve. 760 ILCS 3/708(b) gives the court a role when there is a dispute. The trigger is duties substantially different from those contemplated, or a specified amount unreasonably low or high. Nothing in the statute requires you to petition for approval before taking a fee. To see how the fee decision gets recorded, start with how to write trust minutes.
- Beneficiaries must be kept reasonably informed. Under 760 ILCS 3/813, a trustee shall keep qualified beneficiaries reasonably informed about the trust and its administration. That includes fee decisions. Skip this step and the fee you took can look like a surprise, which is never good for family harmony.
Run your numbers right here
Enter the trust's approximate size — this page uses Illinois's customary annual range (IL rates locked).
Estimated annual fee in Illinois
$1,250 – $2,500
Illinois: 760 ILCS 3/708. Reasonable compensation standard. No statutory percentage or schedule. Customary 0.5–1% of assets.
Illinois trustee fee FAQ
Does Illinois cap what a trustee can charge?
Illinois does not impose a statutory cap. Under 760 ILCS 3/708(a), the default rule is compensation that is reasonable under the circumstances. There is no percentage schedule, no maximum, and no factor list in the statute. The 0.5% to 1.0% band you often hear about is simply what Illinois fiduciaries customarily charge, not something the legislature wrote into law.
Can a trustee take a fee if the trust document is silent?
Yes. Illinois law fills the gap. When the trust instrument says nothing about compensation, 760 ILCS 3/708(a) grants the trustee a default right to reasonable compensation. No extra clause is required. The important part is documenting the fee decision in your minutes so it can be explained later.
Must a trustee get court approval before paying themselves?
No prior approval is required in Illinois. The court only steps in under 760 ILCS 3/708(b) when there is a dispute and the compensation turns out to be unreasonably low or high, or the duties are substantially different from what was originally contemplated.
Can the attorney who drafted the trust also serve as trustee and collect a fee?
Generally not. Under the Illinois Trust Code and UTC principles reflected in 760 ILCS 3/708, an attorney who prepared the trust instrument (or a person related to them) usually cannot take trustee compensation unless the settlor was fully informed and gave written consent beforehand.
Does a trustee bill separately for unusual work like selling real estate?
They may. While 760 ILCS 3/708 does not explicitly mention extra services, the overarching reasonableness standard supports additional compensation for work that goes beyond ordinary administration. The key is that the extra fee must itself be reasonable.
How Illinois fits into the national picture
Illinois uses a reasonableness standard, which is the most common approach nationally. States with statutory schedules, like New York, set fixed dollar amounts per thousand of principal. States like California and Texas also use reasonableness, though California’s customary band runs slightly higher at 1% to 1.5%. Arizona and New Jersey are similar to Illinois at 0.5% to 1.0%. For the full comparison, see our Trustee Fees by State guide.
Where TrustMinutes fits
Whatever fee you land on, your trust administration file should show how you got there. Trust record keeping requirements apply to the fee decision like any other. The state-specific side you can read about in our guide to trust minutes requirements in Illinois.
TrustMinutes writes one meeting’s minutes free. If your trust needs ongoing governance (distributions, records, year after year), TrustOffice is the paid platform built for that. Take a look at trustoffice.app.
Some fees end up contested. Our sister service WingPoint takes trust administration end to end, and it’s living at wingpointtrust.com.
This page is general information, not legal or tax advice for your specific trust. For guidance on a live matter, see our disclaimer and consult an Illinois estate-planning attorney.
Updated October 2026.