The court shall not apportion commissions among co-fiduciaries unless proof is made that five days’ notice of the application for apportionment has been given to those of them who do not appear.
Rule 4:88-3.Notice as to apportionment of commissions
Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:88-3 bars the court from apportioning commissions among co-fiduciaries unless proof shows five days' notice of the apportionment application went to any co-fiduciaries who don't appear.
Full Text of Rule 4:88-3
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.
Source-R.R. 4:107-2.
Plain-English Summary
Splitting commissions among multiple fiduciaries isn't automatic. The court won't apportion them unless it's shown that any co-fiduciary who didn't show up for the application got at least five days' notice of it first.
Frequently Asked Questions
What notice is required before commissions can be apportioned among co-fiduciaries?
Proof that at least five days' notice of the apportionment application was given to any co-fiduciary who doesn't appear.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:88-3). 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: apportionment of commissions