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Art. 4274.Compensation of Tutor

Book VII. Special Proceedings · Title VI. Tutorship · Chapter 8. General Functions, Powers, and Duties of Tutor · Last amended 1966 · Last verified July 30, 2026

In one sentenceArticle 4274 requires the court to award the tutor reasonable annual compensation, capped at ten percent of the minor's property's annual revenue unless the court raises that cap on a proper showing that it would otherwise be inadequate.

Full Text of Art. 4274

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The court shall allow the tutor reasonable compensation for his services annually, which shall not exceed ten percent of the annual revenues of the minor's property, unless increased by the court upon proper showing that this would be inadequate.

Amendment History

Amended by Acts 1966, No. 36, §1.

Plain-English Summary

A tutor is entitled to be paid for the work of the office. Article 4274 does not leave the tutor to serve without compensation or to negotiate pay privately with the minor; instead, the court sets and allows reasonable compensation each year.

The default cap ties compensation to the minor's property's annual revenue, meaning the income the property produces, rather than the value of the underlying estate. A tutor managing a modest-income but high-value estate could see limited compensation under the ordinary rule, since the cap tracks income rather than principal.

The court is not bound by that ten-percent figure in every case. Where a proper showing establishes that the capped amount would be inadequate, the court may increase compensation above it, giving flexibility for a demanding tutorship without abandoning the baseline protection against fees that would otherwise erode the minor's property.

Frequently Asked Questions

Is a tutor entitled to be paid for serving?

Yes. Article 4274 requires the court to allow the tutor reasonable compensation for services annually.

How is a tutor's compensation calculated?

As a percentage of the minor's property's annual revenue, capped at ten percent unless the court increases it.

Can a tutor's compensation exceed ten percent of the property's revenue?

Yes, if the court is shown that the capped amount would be inadequate.

Does a tutor still get compensation on property placed in trust?

No. Article 4269.1 ends a tutor's entitlement to commissions on property once it is placed in trust.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
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