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

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. Best answer

    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 here is for educational purposes and does not create an attorney client relationship. Q&A on sites like Avvo are not designed to give specific legal advise but to educate legal consumers so they can be better prepared to work with any attorney they choose to retain. Information on this site by Mr. Schroeder is offered to that end.


  2. 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 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 <http://frommtaxes.wordpress.com/> Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.


  3. 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. 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.


  5. 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 establish an attorney-client relationship, which can only be established once a retainer agreement has been fully executed between you and this firm. For legal advice, please contact and retain an attorney of your own choosing for more information.

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