§ 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.