3B:18-13. Income commissions
Commissions in the amount of 6% may be taken without court allowance on all income received by the fiduciary. For the purposes of this section, income which is withheld from payment to a fiduciary or fiduciaries pursuant to any law of this State, or of the United States, or any other state, country or sovereignty, or of any political subdivision or governmental unit of any of the foregoing, requiring the withholding for income tax or other tax purposes, shall be deemed to be income received by the fiduciary, and shall be subject to income commissions as provided in this section in the same manner as if actually received by the fiduciary.
L.1981, c. 405, s. 3B:18-13, eff. May 1, 1982.
3B:18-14 Corpus commissions.
3B:18-14. Corpus commissions. Commissions on all corpus received by the fiduciary may be taken as follows:
5% on the first $200,000 of all corpus received by the fiduciary;
3.5% on the excess over $200,000 up to $1,000,000;
2% on the excess over $1,000,000; and
1% of all corpus for each additional fiduciary provided that no one fiduciary shall be entitled to any greater commission than that which would be allowed if there were but one fiduciary involved.
Such commissions may be reduced by the court having jurisdiction over the estate only upon application by a beneficiary adversely affected upon an affirmative showing that the services rendered were materially deficient or that the actual pains, trouble and risk of the fiduciary in settling the estate were substantially less than generally required for estates of comparable size.
Amended 1983, c.394, s.1; 2000, c.29, s.1.
Section: Previous 3b-18-6 3b-18-7 3b-18-8 3b-18-9 3b-18-10 3b-18-11 3b-18-12 3b-18-13 3b-18-14 3b-18-16 3b-18-17 3b-18-18 3b-18-19 3b-18-20 3b-18-21 Next
Last modified: October 11, 2016