Administrator's Commissions in Probate Estate no Will

Administrator's Commissions in Probate Estate no Will

        There are three kinds of commission: Corpus commission (Title 3b: 18-25), income commission (Title 3b: 18-24), and termination commission (Title 3b: 18-28).  

              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;  [administrator]

      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.

       These areas are extremely complex, and you should not attempt to reach a decision on whether or not to take action (and, if so what action to take) without the assistance of counsel.

         You must call to schedule an in-office consultation as we cannot provide legal advice over the phone.

         The following  NJ Court Rule on Commissions RULE 4:88. COMMISSIONS AND ATTORNEY'S FEE

4:88-1. Affidavit of Accountant's Services

If the allowance of such commissions is within the discretion of the court, the applicant therefor shall, upon every application for commissions on corpus, at least 20 days prior to the day on which the account is settled, file an affidavit stating in detail the nature of the services rendered in administering the estate and specifying the amount of the commissions requested.

4:88-2. Commission Payments Before Settlement

Whether or not annual commissions are taken pursuant to N.J.S.A. 3B:18-17, a fiduciary may apply to the court to which he or she is accountable for an ex parte order supported by appropriate affidavits for payment to the fiduciary on account of commissions on corpus for services to date. Such order shall not be binding on the beneficiaries, and the payment so ordered shall be subject to approval and allowance or to disallowance by the court upon the settlement of the fiduciary's account.

4:88-3. Notice as to Apportionment of Commissions

The court shall not apportion commissions among cofiduciaries unless proof is made that five days' notice of the application for apportionment has been given to those of them who do not appear.

         For Probate and Estate Administration matters, schedule a confidential consultation with Kenneth Vercammen, 732-572-0500

         The Law Offices of Kenneth Vercammen & Associates, handles Probate, contesting wills, contesting estates, Probate disputes, inheritance problems, estate mismanagement and theft, undue influence, contentious probates, and other relevant issues.  We encourage you to consult an attorney if you are faced with any of these situations.