2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 77 - Trusts
7768 - Compensation of trustee - UTC 708.

     § 7768.  Compensation of trustee - UTC 708.
        (a)  If unspecified.--If neither the trust instrument nor a
     separate written agreement signed by the settlor or anyone who
     is authorized by the trust instrument to do so specifies the
     trustee's compensation, the trustee is entitled to compensation
     that is reasonable under the circumstances. Neither a
     compensation provision in a trust instrument nor a fee agreement
     governs compensation payable from trust principal unless it
     explicitly so provides.
        (b)  If specified; adjustment.--If a trust instrument or
     written fee agreement signed by the settlor or anyone who is
     authorized by the trust instrument to do so specifies a
     trustee's compensation, the trustee is entitled to the specified
     compensation. The court may allow reasonable compensation that
     is more or less than that specified if:
            (1)  the duties of the trustee have become substantially
        different from those contemplated when the trust was created
        or when the fee agreement was executed;
            (2)  the compensation specified in the trust instrument
        or fee agreement would be unreasonable; or
            (3)  the trustee performed extraordinary services, and
        the trust instrument or fee agreement does not specify the
        trustee's compensation for those services.
        (c)  Entitlement not barred.--None of the following shall bar
     a trustee's entitlement to compensation from the income or
     principal of the trust:
            (1)  The trust is perpetual or for any other reason has
        not yet terminated.
            (2)  The trustee's term of office has not yet ended.
            (3)  The trustee of a testamentary trust also acted as a
        personal representative of the settlor and was or might have
        been compensated for services as a personal representative
        from the principal of the settlor's estate.
        (d)  Court authority.--In determining reasonable
     compensation, the court may consider, among other facts, the
     market value of the trust and may determine compensation as a
     fixed or graduated percentage of the trust's market value. The
     court may allow compensation from principal, income or both and
     determine the frequency with which compensation may be
     collected. Compensation at levels that arise in a competitive
     market shall be presumed to be reasonable in the absence of
     compelling evidence to the contrary.
        (e)  Cemetery lots.--The authority in this section to pay
     compensation from trust principal shall not apply to trusts
     created by cemetery lot owners as endowments for the endowed
     care and maintenance of burial or cemetery lots if the principal
     sum involved is less than $20,000. Compensation shall be paid
     exclusively from the income of such trusts.

        Cross References.  Section 7768 is referred to in section
     7705 of this title.