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Preneed trust investments and fees: what a funeral home owner controls

By , Business Advisor, HedgeStone Business Advisors · Last reviewed · 7 min read

An owner with an existing preneed trust controls more than most realize: which trustee and adviser hold the money, what they charge, how assets are allocated within the state's investment rules, and how income is handled. State law sets the limits. Washington caps administration fees at 1% a year, and New York caps third-party fees at 0.75%.

Key takeaways

  • State law, not the trustee's brochure, sets what preneed trust money may be invested in; the rules range from insured deposits only to a full prudent-investor standard.
  • Some states cap fees outright: Washington at 1% a year for administration, New York at 0.75% for third-party fees.
  • Equity-heavy trusts swing: Carriage reported preneed funeral trust returns of 17.3%, 11.1%, and 6.1% for 2023 through 2025, excluding certain fees.
  • Accumulating income inside the trust protects guaranteed contracts; drawing it out flatters current earnings and can widen a shortfall.
  • Buyers rely on trustee statements tied to each contract, so contract-level reporting matters more than headline returns.

Most owners inherit their preneed trust. A parent picked the bank decades ago, the account statements arrive quarterly, and nobody asks what the arrangement costs or how the money is invested. Yet the trust often holds more money than anything else on the balance sheet besides the building, and its performance decides whether guaranteed contracts are covered when they mature. This guide covers managing a trust you already have. Setting up a program is covered in building a preneed program buyers value, and the funding choice itself in trust vs. insurance-funded preneed. For other operating levers, see the operations hub.

What does an owner control in an existing preneed trust?

Five things: who holds the money, who advises on investments, what everyone charges, how assets are allocated within the statute, and how income is treated. The state sets the boundaries for each one.

Preneed trust decisions and where state law draws the line (examples from cited statutes)
DecisionOwner’s roleExample of a state limit
Trustee or depositorySelects and can replace, subject to notice or approvalMissouri requires a trustee not controlled by the seller (RSMo 436.430)
Investment adviserMay hire one, or use the trustee’sWashington bars loans to the establishment and investment in funeral-related businesses
FeesNegotiates; must stay under any capWashington caps administration fees at 1% a year
Asset allocationSets or approves policy within permitted investmentsTexas applies the Uniform Prudent Investor Act and requires a written investment plan
Income handlingFollows the statute and the contractWashington adds earnings, after permitted fees and expenses, to the trust

Definition

Master trust: A pooled preneed trust that holds many funeral homes’ contracts under one trust agreement, with a separate accounting for each firm and each contract.

How do you choose between a stand-alone trust and a master trust?

Compare total cost, investment flexibility, and reporting quality. A stand-alone account at a local bank gives you direct control; a master trust usually gives scale, standard reporting, and a trustee experienced with preneed rules.

Several states recognize master trusts by name. Nebraska allows deposits under a master trust agreement filed with its Department of Insurance, Oregon registers and audits master trustees, and in Wyoming the state funeral directors association’s master trust files reports for participating firms (all per our state research files). Other states keep it simpler and require a separate account per purchaser.

The questions to ask any trustee or master trust sponsor:

  • What is the total annual cost, as a percentage, including trustee, adviser, and fund expenses?
  • Can you produce a statement by contract, not just by account?
  • How do you handle a change of ownership, and what does it cost to leave?
  • Which state reports do you prepare, and which ones fall to us?
  • Do you, or anyone paying you, have an interest in the funeral home or its buyers?

That last question matters because some states forbid conflicts outright. Missouri’s preneed trust statute, RSMo 436.430, presumes control at a 10% ownership link between trustee and seller, and Florida bars trust loans to or investments with the licensee or its affiliates under § 497.458.

What should preneed trust fees cost?

There is no published industry benchmark, so use the state caps and competing quotes. Washington and New York write numbers into law, and those numbers make reasonable yardsticks even where your state is silent.

Washington’s RCW 18.39.250 says fees deducted for trust administration “may not exceed one percent per year of the amount in trust” and may not reduce the trust below what the contracts require. New York’s General Business Law § 453 limits fees paid to a third-party administrator to “seventy-five hundredths of one percent” of the fund and bars charging the purchaser any administrative or consultation fee on revocable trusts.

Fees stack. A trustee fee, an adviser fee, and the expense ratios of the funds held can each look modest and add up to more than a statutory cap. Ask for one number that includes all three.

Worked example: what a fee gap costs over ten years (illustrative)

Illustrative inputs only.

  • Trust balance: $2,500,000
  • Gross return before fees: 5.0% a year, no deposits or withdrawals
  • Current all-in fees: 1.40% a year; competing quote: 0.80%

Net growth at 3.6% for 10 years: $2,500,000 × 1.036^10 ≈ $3,560,000

Net growth at 4.2% for 10 years: $2,500,000 × 1.042^10 ≈ $3,770,000

Difference after ten years: about $210,000 of funding that would otherwise be available for guaranteed contracts.

How should trust assets be allocated within state rules?

Start from what the statute permits, then match the portfolio to the contracts it backs. Guaranteed contracts need growth that keeps pace with your price list; revocable contracts need enough liquidity to refund on demand.

Permitted investments vary widely. Our state research files show Arizona’s general rule limiting prearranged funeral trust funds to federally insured accounts and direct U.S. obligations of three years or less (fixed-price agreements fall under a prudent-investor standard), and Maine limiting investments to insured deposits, U.S. and agency securities, exempt municipal securities, and permanent life insurance. At the other end, the Texas Finance Code, Chapter 154 applies the Uniform Prudent Investor Act and requires a written investment plan filed with the annual report, and Florida applies a prudent-investor standard while capping real estate at 25% and barring life insurance and annuities as trust assets.

Where equities are allowed, expect volatility. Carriage’s 2025 Form 10-K reports preneed funeral trust returns, excluding certain fees, of 17.3% in 2023, 11.1% in 2024, and 6.1% in 2025. A trust that was fully funded at the end of a strong year can show a shortfall after a weak one, which is exactly when a buyer may be reviewing it.

Should trust income be distributed or accumulated?

Accumulate wherever the statute and contracts allow, unless your trust is clearly overfunded. Income left in the trust compounds against rising costs; income drawn out raises reported earnings today and leaves less to deliver tomorrow.

The statute often decides for you. Washington folds net earnings into the trust. Oregon sends undistributed earnings to the provider on guaranteed contracts and to the purchaser on nonguaranteed ones. Texas gives a cancelling purchaser the amount paid plus half the earnings, less permitted retention. Missouri lets the trustee distribute up to 10% of face value to the seller after deposit, on top of a 5% origination fee, so trust balances there can sit below face value from the start.

Buyers read distributions the way auditors do. If the firm has been drawing trust income into operating revenue, a buyer will ask whether the remaining trust still covers the guaranteed contracts at today’s prices. How buyers treat that income in earnings is covered in our guide on preneed trust income and commissions.

What trust reporting holds up in diligence?

Contract-level statements from the trustee that reconcile to your preneed register. Account totals alone do not prove that each family’s money is there.

Preneed trust records a buyer will ask for

  • Trust agreement, amendments, and any regulator approval of the agreement.
  • Trustee statements for at least three years, with balances by contract or sub-account.
  • A written investment policy or plan, and any state filing that includes it.
  • A fee schedule showing trustee, adviser, and fund expenses separately.
  • Annual state reports and trustee certifications filed for the trust.
  • A reconciliation of trust balances to the preneed register, with differences explained.
  • Correspondence about any state examination findings and how they were resolved.

These records are the evidence behind rung three, verifying funding values, of The Preneed Reconciliation Ladder. Your books should match them too; our guide to funeral home accounting setup covers how to record trust deposits and withdrawals so the two agree, and the funeral home compliance checklist lists the state preneed filings to keep current.

What mistakes cost owners the most?

The expensive mistakes are quiet ones. In our experience, these come up most often when a trust is reviewed for a sale:

  1. Never re-bidding the trustee. Fee schedules set years ago are rarely the best available today.
  2. Holding investments the statute does not permit, often inherited from a former adviser.
  3. Drawing income the contracts needed, then discovering a shortfall during diligence.
  4. Keeping only account-level records, so no one can show which balance belongs to which family.
  5. Moving a trust without the required notice, which can create a compliance problem at the worst moment.

Rules differ in every state, so check yours on our state funeral home broker pages or with your regulator before changing trustees or allocations, and involve your CPA and attorney in any move.

Frequently asked questions

Can I move my preneed trust to a different bank or trust company?

Usually yes, within your state's rules. Some states require notice or approval: Oregon requires 30 days' notice to purchasers when the master trustee or depository changes, and Missouri requires a trustee not under your control. Check the trust agreement for termination terms and fees before you start, and keep every contract's sub-account intact through the move.

What is a reasonable all-in fee for a preneed trust?

There is no published industry benchmark. Where states cap fees, the caps give a reference point: 1% a year in Washington, 0.75% for third-party fees in New York. Add the trustee, investment adviser, and fund expense layers together and compare the total to those caps and to quotes from at least two competing trustees.

Do I owe taxes on preneed trust earnings?

Often the trust or the provider does, depending on how the trust is set up and state law, and the rules are technical. Ask your CPA how your trust is taxed and who files the return. Investment changes can also trigger taxes inside the trust, so get tax advice before a large reallocation.

Will a buyer change my trustee after closing?

Larger buyers often do, especially consolidators with their own trust relationships or advisory arms. Carriage, for instance, reports that its own registered investment adviser serves about 80% of its trust assets. Expect the buyer to ask about transfer costs and approvals during diligence, because moving a trust takes time.

Sources cited

  1. RCW 18.39.250: Prearrangement funeral service trusts — Washington State Legislature
  2. New York General Business Law § 453 — New York General Business Law (via Public.Law)
  3. Texas Finance Code Chapter 154: Prepaid funeral services — Texas Legislature
  4. Florida Statutes § 497.458: Disposition of proceeds received on preneed contracts — The Florida Senate
  5. RSMo 436.430: Preneed trusts — Missouri Revisor of Statutes
  6. Carriage Services Form 10-K for fiscal year 2025 — U.S. Securities and Exchange Commission (EDGAR)
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