§ 2310 — Payment on account of commissions 1

§ 2310. Payment on account of commissions\n 1. At any time during the administration of an estate and irrespective\nof the pendency of a particular proceeding a fiduciary may present to\nthe court from which his letters issued a petition praying that he be\npermitted to receive a sum on account of the commissions to which he\nwould be entitled if he were then filing his account and it were\njudicially settled, which must show the facts upon which the application\nis founded.\n 2. If the application be entertained process shall issue to all\npersons whose rights or interests would be affected by the payment\napplied for, citing them to show cause why the relief requested be not\ngranted.\n 3. Upon the return of process the court may award a sum on account of\ncommissions or make such other order or decree, if any, as justice shall\nrequire. The payment on account shall not exceed the receiving\ncommissions due the fiduciary, except that the court may award a greater\nsum where all persons whose rights or interests are affected by the\npayment are persons under no legal disability and by acknowledged\ninstrument consent thereto.\n 4. The total expenses of the application shall be borne by the person\nor persons to whom an award of commissions may be made, or if the\napplication be denied, by the petitioner personally.\n 5. The order or decree authorizing the payment on account shall\nrequire the fiduciary to file a bond in the amount of the payment\nsecuring its return if and to the extent the payment is disallowed,\nexcept that no such bond shall be required where the fiduciary has\nalready filed a bond pursuant to law or is a corporate fiduciary or\nwhere all persons whose rights or interests would be affected by the\npayment are persons under no legal disability and by acknowledged\ninstrument consent to waive a bond or where the will specifically\ndispenses with such a bond.\n