How are commissions split between two co-executors of an estate in New Jersey?

Asked over 2 years ago - Bridgewater, NJ

My brother's Will names me and a bank as co-executors. Is the executor fee split equally, is the split based on the services performed, or does the corporate executor just get to charge its standard fee (a percent of the estate) and I get any remainder within NJ limits for multiple executors?

Attorney answers (5)

  1. James Edward Schroeder III

    Contributor Level 13
    Best Answer
    chosen by asker

    Answered . Where there are multiple executors the will will most likely state how the commissions are divided. If it is not articulated in the will you can discuss this issue with the corporate executor and if you cannot come to an agreement hire an estate attorney to help you determine what your rights are in this specific situation. The answer to the question you ask is very fact specific based on the language contained in the will.

    Jim Schroeder is licensed to practice law in New Jersey and the District of Columbia. All information provided... more
  2. Robert Ian Aufseeser

    Contributor Level 9

    Answered . The fee is split equally according to statute. It is based on the value of the estate under management. Fees can be altered by application to a court. For more information please contact me directly.

  3. Robert Ian Aufseeser

    Contributor Level 9

    Answered . The fee is split equally according to statute. It is based on the value of the estate under management. Fees can be altered by application to a court. For more information please contact me directly.

  4. Jill T Ojserkis

    Contributor Level 9

    Answered . Unless there is a direction to the contrary in the Will, the statutory commissions are increased by 1% for each additional Co-Executor. The fees are generally split equally. However, you should discuss the same with the Co-Executor since it may refuse to qualify/serve unless you reach a different understanding and that would hold up probate.

    This message does not constitute legal advice and is for informational purposes only. This message does not... more
  5. Steven J. Fromm

    Contributor Level 20

    Answered . It usually depends on how the will reads. In many cases, corporate trusteees demand that the language provides for themgetting their standard charge reduced by the fee the executor could reasonably claim. You should meet with an estates attorney in NJ to review the will and if silent the case law from NJ to see what is reasonable and customary in that state.

    Hope this helps. If you like this answer and have a Google account , please hit the +1 sign above. It takes just a second to do this and it would be most appreciated and would help others. Thanks.
    Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is sjfpc@comcast.net , his website is www.sjfpc.com. and his blog is

    LEGAL DISCLAIMER Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia... more

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