Last amended July 1, 2026 · Last verified July 1, 2026
In one sentenceRule 73.24 leaves a trustee’s basic compensation to local rule, requires an itemized application for extra pay, caps co-trustees at one trustee’s compensation unless the trust says otherwise, and stops payment to a trustee — and to the trustee’s lawyer — while the trustee is delinquent in filing an account.
(A)Trustee’s compensation shall be set by local rule.
(B)Additional compensation for extraordinary services may be allowed upon application setting forth an itemized statement of the services rendered and the amount of compensation requested. The court may require that the application be set for hearing with notice given to interested parties in accordance with Civil Rule 73(E).
(C)The compensation of co-trustees in the aggregate shall not exceed the compensation that would have been allowed to one trustee acting alone, except where the instrument under which the co-trustees are acting provides otherwise.
(D)Except for good cause shown, neither compensation for a trustee nor fees to counsel representing the trustee shall be allowed while the trustee is delinquent in the filing of an account.
(E)The court may deny or reduce compensation if there is a delinquency in the filing of an inventory or account, or after hearing, the court finds the trustee has not faithfully discharged other duties of the office.
End
Amendment History
Effective Date: July 1, 2026
Plain-English Summary
Division (A) sets trustee’s compensation by local rule. Division (B) allows additional compensation for extraordinary services on an application itemizing the services and the amount requested, and the court may set it for hearing with notice to interested parties under Rule 73(E). Division (C) caps co-trustees at what one trustee acting alone would have received, unless the instrument under which they act provides otherwise.
Divisions (D) and (E) enforce the duty to account. Except for good cause, no compensation for the trustee and no fees for counsel representing the trustee are allowed while the trustee is delinquent in filing an account. And the court may deny or reduce compensation for a delinquent inventory or account, or when, after a hearing, it finds the trustee has not faithfully discharged the other duties of the office.
Frequently Asked Questions
Does the trust instrument control how co-trustees are paid?
It can. Rule 73.24(C) caps co-trustees at one trustee’s compensation, except where the instrument under which they act provides otherwise.
What happens if a trustee falls behind on accounts?
Except for good cause, neither the trustee nor the trustee’s lawyer is paid while the trustee is delinquent in filing an account, and the court may deny or reduce the trustee’s compensation.
How does a trustee request extra compensation?
By application with an itemized statement of the services and the amount requested. The court may set a hearing with notice under Rule 73(E).
Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the
official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 73.24). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source