N.Y. Surrogate's Court Procedure Act § 2310: Payment on account of commissions 1

§ 2310. Payment on account 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 the facts upon which the application

is founded.

2. If the application be entertained process shall issue to all

persons whose rights or interests would be affected by the payment

applied for, citing them to show cause why the relief requested be not

granted.

3. Upon the return of process the court may award a sum on account of

commissions or make such other order or decree, if any, as justice shall

require. 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 person

or persons to whom an award of commissions may be made, or if the

application be denied, by the petitioner personally.

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 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.