2006 New York Code - Ex Parte Application For Advance Payment Of Commissions

 
  § 2311. Ex parte application for advance payment of commissions
    1. At any time during the administration of an estate and irrespective
  of  the  pendency  of a particular proceeding a fiduciary may present to
  the court from which his letters issued a petition praying  that  he  be
  permitted  to  receive  a  sum on account of the commissions to which he
  would be entitled if he  were  then  filing  his  account  and  it  were
  judicially  settled,  which must show that unless he is allowed such sum
  on account  of  commissions  he  or  the  estate  will  be  deprived  of
  substantial advantages under the income tax laws of the United States or
  the  state  of New York or that he will suffer inconvenience or hardship
  or that all persons whose rights or interests would be affected  by  the
  payment  applied  for  are persons under no legal disability and have by
  acknowledged instrument consented thereto. No notice of the  application
  shall be required by the court.
    2.  If  the  application  be  entertained the court may award a sum on
  account of commissions or make such other order or decree,  if  any,  as
  justice shall require.
    3.  In all cases where a payment on account of commissions is directed
  by the court the payment on  account  shall  not  exceed  the  receiving
  commissions due the fiduciary, except that the court may award a greater
  sum  where  all  persons  whose  rights or interests are affected by the
  payment are persons  under  no  legal  disability  and  by  acknowledged
  instrument consent thereto.
    4.  The  total  expenses  of  the  application  shall  be borne by the
  fiduciary, by the estate, or shall be apportioned between them  in  such
  ratio  as  the court may determine according to the benefit derived from
  the payments.
    5. The order or  decree  authorizing  the  payment  on  account  shall
  require  the  fiduciary  to  file  a  bond  in the amount of the payment
  securing its return if and to the extent that the payment is disallowed,
  except that no such bond shall  be  required  where  the  fiduciary  has
  already  filed  a  bond  pursuant  to law or is a corporate fiduciary or
  where all persons whose rights or interests would  be  affected  by  the
  payment  are  persons  under  no  legal  disability  and by acknowledged
  instrument consent to waive  a  bond  or  where  the  will  specifically
  dispenses with such a bond.