(1) 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.
(2) If the terms of a trust specify the trustee's compensation, the trustee is entitled to be compensated as specified, but the Probate Division of the Superior Court may allow more or less compensation if: the duties of the trustee are substantially different from those contemplated when the trust was created; or
(3) the compensation specified by the terms of the trust would be unreasonably low or high.
(4) Factors for the Probate Division of the Superior Court to consider in deciding upon a trustee's compensation shall include: (c) (1) Factors for the Probate Division of the Superior Court to consider in deciding upon a trustee's compensation shall include: the size of the trust;
(5) the nature and number of the assets;
(6) the results obtained;
(7) the time and responsibility required;
(8) the expertise required;
(9) any management or sale of real property or closely held business interests;
(10) any involvement in litigation to protect the trust property;
(11) the fee customarily charged in the locality for similar services;
(12) the experience, reputation, and ability of the person performing the services;
(13) the effect that the particular employment may have on the ability of the person employed to engage in other employment;
(14) the time limitations imposed by the trustee or by the circumstances; and
(15) other relevant factors.
(16) The order of the factors in this subsection does not imply their relative importance. Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. February 1, 2011.