Legal Question in Wills and Trusts in New Jersey

Re: Executor Fees When Probate is not required

The fees due the personal representative are typically based on the value of the assets they are responsible for. If there are no assets, there would normally be no fee, but she could make an application to the court for an award of fees (which her sibling would likely contest).

However, she would be entitled to trustees commissions as trustee of the trust.

Re: Executor Fees When Probate is not required

Are you sure there were no individual assets? What about a car, furniture, jewelry, household items, and other items of personal property, which are not usually placed in a trust? If there were any of these, their value (minimal as it may be) could entitle her to a commission, as she would have to handle them as personal representative. You also indicate she is a trustee of one trust. As such, she would be entitled to trustee commissions, both as to income and corpus of the trust. Is the trust a NJ trust or Oregon? The state law to which the trust is subject sets the commission rate. If you contact me directly, I should be able to help you. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.