Multiple commissions of executors or trustees, donees of powers during minority, or donees of power in trust under wills of persons dying... · as in force on May 31, 2026
§ 2313. Multiple commissions of executors or trustees, donees of powers
during minority, or donees of power in trust under wills of
persons dying, or lifetime trusts established, after August
31, 1993
With respect to wills of persons dying, or lifetime trusts established, after August 31, 1993, if there are more than two executors or trustees, donees of a power during minority, or donees of a power in trust, no more than two commissions shall be allowed unless the decedent or creator has specifically provided otherwise in a signed writing, and the compensation thus allowable must be apportioned among the fiduciaries or donees of the power in trust according to the services rendered by them respectively unless they shall have agreed in writing among themselves to a different apportionment which, however, shall not provide for more than one full commission for any one of them.
For wills of people dying, or lifetime trusts created, after August 31, 1993, when there are more than 2 executors, trustees, or donees of a power, no more than 2 commissions are allowed unless the decedent or creator specifically provided otherwise in a signed writing. ★ The allowable commissions are split according to the services each rendered, unless the fiduciaries agree in writing to a different split, but no agreement may give any one of them more than 1 full commission. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.