§ 2311. Ex parte application for advance payment 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 that unless he is allowed such sum\non account of commissions he or the estate will be deprived of\nsubstantial advantages under the income tax laws of the United States or\nthe state of New York or that he will suffer inconvenience or hardship\nor that all persons whose rights or interests would be affected by the\npayment applied for are perso
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§ 2311. Ex parte application for advance payment 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 that unless he is allowed such sum\non account of commissions he or the estate will be deprived of\nsubstantial advantages under the income tax laws of the United States or\nthe state of New York or that he will suffer inconvenience or hardship\nor that all persons whose rights or interests would be affected by the\npayment applied for are persons under no legal disability and have by\nacknowledged instrument consented thereto. No notice of the application\nshall be required by the court.\n 2. If the application be entertained the court may award a sum on\naccount of commissions or make such other order or decree, if any, as\njustice shall require.\n 3. In all cases where a payment on account of commissions is directed\nby the court 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\nfiduciary, by the estate, or shall be apportioned between them in such\nratio as the court may determine according to the benefit derived from\nthe payments.\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 that 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