How Much Can a Trustee Charge in Ohio?
Ohio 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 Ohio fees land somewhere in that band.
Ohio 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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The people who land here usually fit one of three situations. A successor trustee who stepped into the role unexpectedly and needs to know what compensation is permissible. A family member weighing whether to waive their fee entirely. Or a beneficiary reviewing whether a trustee's proposed fee is defensible. Ohio answers all three with Ohio Rev. Code § 5807.08. This page explains it in plain terms and connects it to what are trust minutes so you understand why documenting the decision matters.
The Ohio statute that controls trustee pay
The governing law is Ohio Rev. Code § 5807.08, part of the Ohio Trust Code adopted in 2007. You can read the full text on the Ohio Revised Code official site. It works like this:
- Subsection (A), the default right. 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.
- Subsection (B), the court's adjustment role. The court may allow more or less than the instrument specifies. That happens when duties of the trustee are substantially different from those contemplated when the trust was created, or when the compensation specified by the terms of the trust would be unreasonably low or high.
To be direct: Ohio 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.
Examples at four common 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 Ohio 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.
Ohio rules that trip people up
Most fee disputes trace back to ignoring one of these rules.
- The Ohio Trust Code is newer than most people realize. Ohio adopted its Trust Code in 2007. Before that, Ohio trustees relied on common law. If your trust was created before 2007, the instrument might reference older law, but the current standard is Ohio Rev. Code § 5807.08.
- The court adjusts, it does not pre-approve. § 5807.08(B) gives the court a role when there is a dispute. The trigger is duties substantially different from those contemplated, or compensation 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 Ohio Rev. Code § 5808.13, 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 Ohio's customary annual range (OH rates locked).
Estimated annual fee in Ohio
$1,250 – $2,500
Ohio: Ohio Rev. Code § 5807.08. Reasonable compensation standard. No statutory percentage or schedule. Customary 0.5–1% of assets.
Ohio trustee fee FAQ
Does Ohio prescribe a percentage trustees must charge?
Ohio does not. The state has no statutory percentage schedule for trustee fees. Under Ohio Rev. Code § 5807.08(A), a trustee is entitled to compensation that is reasonable under the circumstances when the trust terms do not set the amount. The 0.5% to 1.0% of assets per year figure you often encounter is market custom among Ohio fiduciaries, not a rule written into law.
Is a trustee entitled to a fee if the trust document is silent?
Yes. When the trust instrument is silent, Ohio Rev. Code § 5807.08(A) supplies the default right to reasonable compensation. You do not need a paragraph in the trust authorizing a fee. The practical step is to document what you did and how you set the fee in your minutes so the amount can be defended later.
Must a trustee seek court approval before taking a fee in Ohio?
No. Ohio does not require a trustee to file anything or see a judge before paying themselves. The court's role under Ohio Rev. Code § 5807.08(B) is to adjust compensation on dispute, when the duties of the trustee are substantially different from those contemplated when the trust was created or the compensation specified by the terms of the trust would be unreasonably low or high.
Can the attorney who drafted the trust also serve as trustee and charge a fee?
Generally not, unless specific conditions are met. Ohio law follows the UTC model on this point. Under Ohio Rev. Code § 5807.08 and related provisions, an attorney who drafted the trust instrument (or a person related to them) generally may not take trustee compensation unless the settlor was informed and consented in writing. If you planned to pay a lawyer-trustee, make sure the disclosure-and-acknowledgment record exists before the fee is taken.
Are extra services like selling property billed on top of the annual fee?
They can be. Ohio Rev. Code § 5807.08 does not explicitly address extra services, but the underlying reasonableness standard means a trustee may seek additional reasonable compensation for services beyond ordinary administration. An unusual project (litigation support, contested accountings, real-estate closings) does not automatically fold into the baseline fee. The extra charge still has to be reasonable under the circumstances.
Ohio compared to other states
Ohio uses a reasonableness standard, which is the most common approach nationally. New York is the notable outlier with its statutory commission schedule ($10.50/$4.50/$3.00 per $1,000 of principal). California also uses reasonableness, though its customary band is slightly higher at 1% to 1.5%. States like Arizona, New Jersey, and Pennsylvania are comparable to Ohio 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 Ohio.
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 Ohio estate-planning attorney.
Updated October 2026.