New Jersey Statutes Appendix - Former Title 3A Administration of Estates Decedents and Others 3A § 10-2.1

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:

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.