Unlike most states, New Jersey sets trustee commissions by statuteN.J.S.A. 3B:18-2 (nontestamentary governing-instrument override), 3B:18-24 (income commissions), 3B:18-25 (annual corpus commissions; court reasonableness review), 3B:18-25.1 (multiple fiduciaries — annual corpus), 3B:18-28 (termination corpus commissions), 3B:18-31 (testamentary-trustee-only excess authorization)Verified Sep 18, 2026View source. It allows an annual commission on principalN.J.S.A. 3B:18-2 (nontestamentary governing-instrument override), 3B:18-24 (income commissions), 3B:18-25 (annual corpus commissions; court reasonableness review), 3B:18-25.1 (multiple fiduciaries — annual corpus), 3B:18-28 (termination corpus commissions), 3B:18-31 (testamentary-trustee-only excess authorization)Verified Sep 18, 2026View source, plus a 6%N.J.S.A. 3B:18-2 (nontestamentary governing-instrument override), 3B:18-24 (income commissions), 3B:18-25 (annual corpus commissions; court reasonableness review), 3B:18-25.1 (multiple fiduciaries — annual corpus), 3B:18-28 (termination corpus commissions), 3B:18-31 (testamentary-trustee-only excess authorization)Verified Sep 18, 2026View source commission on income the trust receives. The rate is fixed by law rather than negotiated, so the commission turns on the trust's size. A family, professional or corporate trustee is entitled to the statutory commission unless the trust document provides otherwise.
Yes. A family member serving as trustee in New Jersey is entitled to the same compensation as a professional. Many family trustees waive or reduce the fee, especially when they are also beneficiaries, since the fee is taxable income to the trustee while a distribution usually is not. A record of time and duties is what supports any fee taken if a beneficiary or a court asks.
Settling a trust in New Jersey starts when the successor trustee accepts the role: the trustee obtains death certificates and an EIN for the now-irrevocable trust, notifies the beneficiariesN.J.S.A. 3B:31-1 et seq.Verified Jul 15, 2026View source, takes inventory of the trust assets, settles the grantor's debts and taxes, and distributes what remains under the trust terms. The process runs privately, without probate court supervision.
No court proceeding is required to settle assets titled in the trust; the successor trustee administers and distributes them under the trust terms, and the court comes in only for a dispute, a trustee removal or judicial instructions. Assets the grantor left outside the trust pass through the pour-over will, and a small enough set can skip full probate: In New Jersey, estates valued at $20,000N.J.S.A. 3B:10-3Verified Sep 8, 2026View source or less use the Affidavit of Surviving Spouse or Next of KinN.J.S.A. 3B:10-3Verified Sep 8, 2026View source, a court filing short of full probate. The New Jersey probate decision tool checks whether any outside asset needs a court filing.
At minimum, a final federal income tax return (Form 1040) for income earned through the date of death, and New Jersey requires a final state income tax returnN.J.S.A. 54A:2-1Verified Sep 20, 2026View source (NJ-1040N.J.S.A. 54A:8-1, 54A:8-3.1, 54:34-1, 54:34-2, 54:35-1, 54:35-3, 54:35-19Verified Sep 10, 2026View source) as well. If the estate earns income during administration, a federal fiduciary return (Form 1041) and a New Jersey fiduciary return (NJ-1041N.J.S.A. 54A:8-1, 54A:8-3.1, 54:34-1, 54:34-2, 54:35-1, 54:35-3, 54:35-19Verified Sep 10, 2026View source) may also be required.