New Jersey § 3a:10-2

§ 3a:10-2.

On the settlement of accounts fiduciaries acting as trustees under a will or acting

as a guardian shall be entitled to commissions over and above their actual expenses

as in this section provided. a. On all income that comes into their hands, commissions in the amount of 6% may

be taken without court allowance. For the purposes of this section, income which is withheld from payment to the trustee

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, for income tax or other tax purposes, shall be deemed to be income to the

trustee, and shall be subject to income commissions as if actually received by such

trustee. b. Fiduciaries may annually, without court allowance, take commissions on corpus (including

accumulated income which has been invested by the fiduciary) in the amount of 5 / 10 of 1% of the first $100,000.00 of value of corpus, 3 / 10 of 1% of the next $100,000.00 of value and 2 / 10 of 1% of the value in excess of $200,000.00. The value of the corpus for the purpose of computing the commissions shall be the

“presumptive value” or, at the option of the fiduciary, the value at the end of the

period, as defined in paragraph c. of N.J.S. 3A:10-2 . The failure of a fiduciary to take commissions in any year shall not constitute a

waiver by the fiduciary to take in a subsequent year the commissions not taken for

such year. c. In addition to the annual commissions on corpus, upon termination of the trust

or guardianship, or upon distribution of assets from the trust or guardianship, the

fiduciary may take a commission on corpus distributed, including accumulated income

which has been invested by the fiduciary. The value of the corpus for the purpose of computing the commissions shall be the

“presumptive value” or, at the option of the fiduciary, the value at the time of distribution,

as defined in paragraph c. of N.J.S. 3A:10-2 . The amount of the commissions to be taken are as follows: (1) If the distribution of corpus occurs within 5 years of the date when such corpus

came into the hands of the fiduciary, an amount equal to the annual commissions on

corpus authorized pursuant to subsection b. of this section, but not actually taken

by the fiduciary, plus an amount equal to 2% of the value of the corpus distributed. (2) If distribution of the corpus occurs between 5 and 10 years of the date when the

corpus came into the hands of the fiduciary, an amount equal to the annual commissions

on corpus authorized pursuant to subsection b. of this section, but not actually received

by the fiduciary, plus an amount equal to 1 1 / 2 % of the value of the corpus distributed. (3) If the distribution of corpus occurs more than 10 years after the date the corpus

came into the hands of the fiduciary, an amount equal to the annual commissions on

corpus authorized pursuant to subsection b. of this section, but not actually received

by the fiduciary, plus an amount equal to 1% of the value of the corpus distributed. d. If there are two or more such fiduciaries, their corpus commissions shall be the

same as for a single fiduciary plus an additional amount of 1 / 5 of such commissions for each additional fiduciary. e. The court may, on an intermediate or the final settlement of fiduciaries accounts,

allow corpus commissions in addition to those provided by this section, on a showing

that unusual or extraordinary services have been rendered by the fiduciary or fiduciaries

for which he or they should receive additional compensation. f. In the event of a dispute as to the value of corpus on the settlement of the account

of a fiduciary or fiduciaries, the burden of proving that the value of any item of

corpus differs from the presumptive value of such item shall be upon the party claiming

such difference.