New Jersey § 3a:10-2

§ 3a:10-2.

a. On the settlement of accounts of executors, administrators, administrators with

the will annexed, and fiduciaries appointed under chapter 40 of this Title for the

property of an absentee, their commissions over and above their actual expenses shall

be computed upon the following rates: (1) On all income that comes into their hands, 6% without court allowance. For the purposes of this section, income which is withheld from payment to any such

fiduciary 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 such withholding for income tax or other tax purposes,

shall be deemed to be income which comes into the hands of such fiduciary, and shall

be subject to income commissions as provided in this section in the same manner as

if actually received by such fiduciary. (2) If there is but one fiduciary, 5% on all corpus that comes into the fiduciary's

hands in cases where corpus receipts do not exceed $100,000.00, and in cases where

corpus receipts exceed $100,000.00, 5% on the first $100,000.00 of corpus, and, on

the excess over $100,000.00 of corpus, such percentage, not in excess of 5%, as the

court may determine on the intermediate or final settlement of the fiduciary's accounts,

according to actual services rendered. (3) If there are two or more fiduciaries, their commissions on corpus shall be the

same as herein provided in the case of one fiduciary, and, in addition thereto, the

court may allow corpus commissions in excess of the commissions to which one fiduciary

would be entitled under this section, at a rate not exceeding 1% of all corpus for

each additional fiduciary. b. The court may, on an intermediate or the final settlement of the fiduciary's 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 for which

the fiduciary should receive extra compensation. c. Fiduciaries may annually, without court allowance, take sums as follows on account

of corpus commissions: if there is but one fiduciary, the amount so taken may equal 1 / 5 of 1% of the value of the corpus and, if there are two or more fiduciaries, the amount

so taken may equal the commissions which may be taken pursuant to this subsection

when there is but one fiduciary, plus 1 / 5 of such commissions for each fiduciary more than one. In computing the amount of commissions which may be taken annually pursuant to this

subsection, the value of any item of corpus at the time when such item came into the

hands of the fiduciary or fiduciaries, herein in this section referred to as the “presumptive

value” of such item, may be used as the value of such item, or, at the option of the

fiduciary, the value of such item at the end of the period for which such commissions

are taken may be used. The failure of a fiduciary or fiduciaries to take commissions in any year as provided

in this subsection shall not constitute a waiver of the right of such fiduciary or

fiduciaries to take in a subsequent year the commissions not taken for such year. Commissions taken as provided in this subsection shall be subject to review on intermediate

and final accountings, and to the extent that aggregate commissions so taken exceed

the commissions allowable under paragraphs (2) and (3) of subsection a. of this section,

they may be disallowed. d. 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 such fiduciary

or fiduciaries or other party claiming such difference.