Title 53, Chapter 12, Section 173
( 53-12-173)
(a) Trustees shall be compensated in accordance with either the
trust instrument or any separate written agreement. The agreement
shall be between the trustee and the settlor, or after the settlor's
death or incapacity or while the trust is irrevocable, and
subsequent to any original fee agreement entered into by the settlor
and the trustee, the trustee and a majority in number of both of the
sui juris income and vested remainder beneficiaries, executed in
writing at such time or times as changes, if any, occur. (b) If the trustee's compensation is not specified in the trust
instrument or any separate written agreement, the trustee, for
services rendered, shall be entitled to the same compensation as
guardians receive for similar services. The trustee's compensation
may be paid from time to time as the fees are earned, except that
the fees for delivery of property in kind, when specifically
approved by the judge of the probate court, may be paid in advance
of actual distribution when the judge of the probate court shall
determine that this is equitable and that the condition of the
estate permits it. (c) Unless the trust instrument or the agreement provides otherwise: (1) Compensation among cotrustees shall be apportioned as they
shall agree or according to the services rendered by each; (2) Compensation among successive trustees shall be apportioned
according to the proportion of time each rendered services during
the year, and shall not include any amount for transferring the
trust property or responsibility for it from one trustee to a
successor. |