Whether or not annual commissions are taken pursuant to N.J.S.A. 3B:18-17, a fiduciary may apply to the court to which he or she is accountable for an ex parte order supported by appropriate affidavits for payment to the fiduciary on account of commissions on corpus for services to date. Such order shall not be binding on the beneficiaries, and the payment so ordered shall be subject to approval and allowance or to disallowance by the court upon the settlement of the fiduciary’s account.
Rule 4:88-2.Commission payments before settlement
Last amended September 4, 1990 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:88-2 lets a fiduciary apply ex parte for an order paying commissions on corpus for services already rendered, with that payment subject to the court's later approval or disallowance when the account is settled.
Full Text of Rule 4:88-2
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Amended June 29, 1973 to be effective September 10, 1973; amended July 22, 1983 to be effective September 12, 1983; amended June 29, 1990 to be effective September 4, 1990.
Plain-English Summary
A fiduciary doesn't have to wait until the final accounting to get paid something for work already done. An ex parte application, backed by appropriate affidavits, can secure an order for partial payment of corpus commissions — regardless of whether annual commissions have already been taken under N.J.S.A. 3B:18-17. That payment isn't final, though: it doesn't bind the beneficiaries, and the court can approve, adjust, or disallow it once the fiduciary's account is settled.
Frequently Asked Questions
Is an interim commission payment to a fiduciary final?
No, it isn't binding on the beneficiaries and remains subject to the court's approval or disallowance when the account is finally settled.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:88-2). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: interim commission payment