Estate Accounting

Accounts also carry schedules of the estimated market value of assets on hand at the end of the period (and at the beginning, for later accounts), with good-faith estimates allowed for assets without a ready market;

The attorney's statutory fee on the same percentage schedule as the representative's. Quote both together when explaining the real cost of a California probate.

An account in a decedent's estate includes a financial statement and a report of administration under sections 1060 and following, and the report's statement of liabilities must say whether notice to creditors was given…

The personal representative files a final account and petition for an order for final distribution when the estate is in a condition to be closed. Read it with section 12200 on the time to close or report status.

Judicial Council rule: a pleading must be in writing and signed by all persons joining in it; all Probate Code pleadings must be verified, by any one of those joining;

CALIFORNIA STATUTORY PROBATE FEES: a percentage of the GROSS value of the estate for the personal representative, with section 10810 giving the attorney the same schedule.

Notwithstanding the will, a personal representative who is an attorney receives the personal representative's compensation but may not also be compensated as attorney for the personal representative unless the court…

With the final account and petition for final distribution, the personal representative and the attorney may petition, in the account, the distribution petition or separately, for an order fixing compensation for all…

The personal representative has the management and control of the estate and must use ordinary care and diligence, determined by all the circumstances of the estate, exercising a power to the extent ordinary care…

Official Connecticut Probate Courts cover sheet for a decedent's estate account, to which the fiduciary attaches schedules with the detail required by Probate Court Rules of Procedure rule 38, reporting assets at fair…

Official Connecticut Probate Courts short-form account for a decedent's estate, usable unless the court orders or Probate Court Rules of Procedure section 38.1 requires separate principal and income accounting.

Official Connecticut Probate Courts financial report a fiduciary may file instead of a final account unless the court orders an account or Probate Court Rules of Procedure section 36.3 requires one.

Official guide published by the Office of the Probate Court Administrator describing Connecticut estate administration step by step: filing PC-200 in the district of domicile with copies to heirs and beneficiaries and…

Connecticut schedule of Probate Court fees for settling a decedent's estate: for deaths on or after July 1, 2016, the fee basis is the greatest of the succession tax gross estate, the inventory with supplements, the…

Connecticut rule that where the Probate Court Rules of Procedure permit a fiduciary to file a financial report instead of an account and the court approves it, the court may enter a decree releasing the fiduciary and…

Connecticut rule that before approving the final account of an executor or administrator the Probate Court holds a hearing, on notice as the court directs, unless all parties interested in the estate sign and file a…

Connecticut rule that when an executor, administrator, conservator, guardian or testamentary trustee dies before completing and accounting for the trust, the deceased fiduciary's own executor or administrator settles…

The payment order in a Connecticut estate: funeral expenses first, then expenses of settling the estate, then the classes the section lists.

Connecticut rule that when the estate, after the spouse's exempt articles and family support allowance, will not exceed funeral expenses, settlement expenses, last-sickness expenses and taxes and claims due Connecticut…

Official waiver form of the Sussex County Register of Wills under 12 Del. C. § 2302(c): the beneficiary certifies entitlement to share in distribution, waives further notice of the filing of this and later accountings,…

Court of Chancery rule that after an accounting is filed with the beneficiary statement required by 12 Del. C.

Delaware procedure for an executor or administrator to petition the Court of Chancery for discharge;

Delaware duty of every executor or administrator to render an account in money to the Court of Chancery every year from the date of letters until the estate is closed and a final account passed.

Delaware rule that each account must be accompanied by a statement of every beneficiary's name and mailing address (with guardians or parents of incapacitated beneficiaries), after which the Register of Wills mails each…

Court of Chancery rule that a personal representative need not appear personally at the Register of Wills when letters are granted or when an interim or final accounting is filed, if on written application the…

Court of Chancery rule that no accounting is presented to the Court for approval until 3 months after the Rule 194 notice is mailed unless all interested beneficiaries (or their guardians, trustees or parents) have…

Official accounting form of the Sussex County Register of Wills. It starts from the total probate assets on the inventory recapitulation, adds later assets or losses, and asks allowance for administrative expenses,…

Official notice form the Sussex County Register of Wills mails to beneficiaries when a personal representative files an account: it encloses the account, states that it is open for exceptions for three months from…

Official affidavit form of the Sussex County Register of Wills in which the personal representative swears that the administrative expenses, debts and funeral expenses listed on the accounting have been paid in full,…

On an interested person's petition (other than one who consented after fair disclosure), or motion in a supervised estate, and after notice and hearing, the Court may review the need for and reasonableness of agents'…

Unless excused under § 20-731, a supervised personal representative prepares verified written accounts of management and distribution and files each with a certificate that a copy, with notice of the filing date, was…

A supervised representative's initial account contains the total inventoried value, all receipts to date, each purchase, sale, lease, transfer, compromise, settlement, disbursement and distribution with its description…

Later supervised accounts, by the same or a successor representative, state the assets carried from the prior account, newly inventoried assets, receipts since the prior account, each transaction since then with its…

Any interested person may file an exception to a supervised account with the Register within 30 days after the account is filed and must mail a copy to the personal representative.

A supervised personal representative is excused from filing inventories and accounts with the Court if each heir or legatee signs a written waiver, filed with the Register, stating awareness of the right to require them…

A supervised personal representative is excused from a formal Court audit if each heir or legatee signs and files a written waiver stating awareness of the right to an audit and to revoke;

An unsupervised personal representative accounts to interested persons for receipts, disbursements and distributions at reasonable intervals or on reasonable demand, and may be compelled to account to the Court in a…

An interested person, trust beneficiary or the Register may petition to resolve any question in a supervised or unsupervised administration, and in an unsupervised administration an interested person, unpaid unbarred…

Supervised administration is a single in rem proceeding under the Court's continuing authority until an order approving distribution and discharging the personal representative.

Florida text entitling the personal representative's attorney to reasonable compensation from estate assets without court order, presumed reasonable for ordinary services in formal administration on a schedule based on…

Florida court rule allowing an interested person to object to the petition for discharge or final accounting within 30 days after service of the later of them, in writing stating the items and grounds with…

Florida text entitling a personal representative to a commission, payable without court order, on the compensable value of the estate (inventory value of probate assets plus income during administration), presumed…

Florida court rule governing interim accountings of any estate fiduciary (at any date the fiduciary selects or the court sets), accountings of a personal representative who resigned or was removed (through revocation of…

Florida court rule requiring a fiduciary accounting (other than a guardian's) to include all cash and property transactions since the last accounting or the start of administration and a schedule of assets at the end of…

Florida court rule requiring a personal representative who has completed administration except for distribution to file a final accounting and a petition for discharge stating that the estate is fully administered, all…

Florida text requiring the personal representative to be discharged after administration is completed, and providing that the discharge releases the personal representative and bars any action against the…

Florida court rule requiring the personal representative, on reasonable written request, to provide an interested person with information about the estate and its administration. Read with Fla. Prob. R. 5.340 and 5.345;

Florida text allowing an interested person, after a petition for administration is filed, including a guardian ad litem, administrator ad litem, guardian of the property, personal representative, trustee or other…

Florida court rule requiring a waiver or consent authorized by law to be in writing, signed and filed, and to state the person's interest, any fiduciary or representative capacity, and expressly what is waived or…

Official consent (rev. 10/1/2024) computing allowable compensation and listing requested commissions and fees;

Register of Wills form of notice under Md. Rule 6-416 that a petition for attorney's fees or commissions has been filed and that recipients have 20 days after service to file exceptions and request a hearing, with a…

The personal representative must give written notice to each creditor with an open claim and all interested persons of any request that could result in payment of a debt, commission, fee or other compensation to or for…

Official election reciting the § 5-702 eligibility conditions, describing estate property, and acknowledging the 10-month final report, the duty to provide a full inventory and account on request, the 60-day report for…

Official final report under modified administration with Schedules A (reportable property at date-of-death value), B (payments and disbursements) and C (distributions of net reportable property and inheritance tax),…

The final report under modified administration must include a statement of continued qualification, an itemized schedule of property and valuation basis, an itemized schedule of liens, debts, taxes, funeral expenses and…

Register of Wills form for the verification of an account under Md. Rule 6-417(b)(9) and the certificate of service under Rule 6-417(d), certifying notice to interested persons that the account was filed, that…

Each consent must state that the signer has notice that a final report replaces the inventory and account, that a formal inventory and account will be provided on request of a legatee or heir not paid in full, that any…

Official consent by a residuary legatee, heir or trustee acknowledging the § 5-706 notices: final report within 10 months instead of an inventory and account, the right to request them, the right to revoke by written…

Official Probate and Family Court procedural guide chapter stating that an inventory is due within 3 months of appointment at date-of-death values (successor at appointment-date values), served on interested persons or…

Massachusetts statement that a personal representative is a fiduciary bound by the trustee standards of chapter 203C, must settle and distribute the estate under any probated will and the code as expeditiously and…

Massachusetts rule that a personal representative is entitled to reasonable compensation;

Massachusetts procedure for an order of complete settlement: the personal representative may petition at any time, and others after 1 year from the original appointment, but not before the period for pre-death claims…

Massachusetts rule that, unless the court prohibits it or administration is supervised, a personal representative may close an estate by filing no earlier than 6 months after original appointment a verified statement…

Massachusetts rule that, unless already adjudicated and except as the closing statement provides, successors' and unbarred creditors' claims against the personal representative for breach of fiduciary duty are barred…

Massachusetts rule that, unless the court prohibits it and except in supervised administration, a personal representative of an estate administered under the § 3-1203 summary procedure may close it after disbursement…

Massachusetts rule that an executor or administrator accounts for personal property at its appraised value, making no profit on increase and bearing no loss on decrease without fault, accounting for any excess on sale…

Massachusetts default notice rule: where notice is required by reference to this section, the court fixes a return date and issues a citation, and the petitioner gives notice to interested persons (or their attorneys)…

The order in which claims are paid when the estate cannot pay everything. Use it when advising on an insolvent estate; do not let a personal representative pay a sympathetic creditor first.

A personal representative must settle and distribute the estate according to any probated and effective will and applicable law, as expeditiously and efficiently as is consistent with the best interests of the estate,…

The court may discharge a fiduciary from further duties if, on examination, sufficient cause appears and the discharge will not prejudice the estate or interested persons;

A fiduciary need not render or settle an account if it files with the court a release or discharge from the beneficiary, ward or trust beneficiary who has reached majority and is not incapacitated;

Where a will provides specific compensation to a fiduciary, it is full payment in place of statutory commissions unless the fiduciary renounces it in a writing filed with the surrogate or clerk of the Superior Court.

An order discharging an executor, administrator with the will annexed, substituted administrator or administrator may be made only on proof that nine months have elapsed after entry of an order to limit creditors under…

Unless the will or trust document expressly provides otherwise, a written settlement or waiver of an account signed by all persons who would be necessary parties to a judicial settlement of the account binds persons who…

A personal representative may settle an account, or be required to settle it, in the Superior Court, but unless special cause is shown is not required to account until 1 year after appointment.

A fiduciary may not pay himself or herself a debt claimed from the decedent until it is proved and allowed on the judicial settlement of the account, though the fiduciary may petition for permission to pay it sooner,…

Unless the will directs otherwise in words that refer to this section, estate taxes are apportioned among the recipients of the taxed property, including non-probate recipients, in proportion to the value each receives,…

A claimant or surety on a contingent or unliquidated claim may file an affidavit of the facts and probable amount with the fiduciary, and no distribution may be made without reserving the assets the court determines…

A fiduciary's allowance of a claim other than the fiduciary's own establishes its validity, but a party adversely affected may object in the accounting that it was improperly allowed or fraudulently or negligently paid;

Except as § 1810 provides, issues on a rejected claim are tried on the judicial settlement of the fiduciary's account, which must list each rejected claim and the reason, with the § 1806 notice of rejection served…

At any time during administration the court may fix the compensation of an attorney for services to a fiduciary or a person interested, on petition of the fiduciary, a person interested or the attorney, direct payment…

A writing settling an account in whole or part, signed by one or more fiduciaries and legatees, devisees, distributees, beneficiaries, creditors or persons who have come of age (or, for a paid infant, incompetent or…

A fiduciary may petition for a decree of release and discharge by showing the names and addresses of all persons interested, that all taxes are paid or none were due, and full written disclosure of the administration to…

The court may at any time, on its own initiative or on petition of a creditor, a person interested, a public administrator or county treasurer, a person acting for an infant, a deceased interested person's fiduciary, a…

Ohio text requiring an executor or administrator to render a final and distributive account within six months after appointment unless an Ohio estate tax return is due, a will contest is pending, the spouse elected…

Official Ohio standard probate form under R.C. 2109.30, 2109.301 and 2109.32 for executors and administrators, identifying the account as partial, final, of distribution, final and distributive, or supplemental final,…

Official Ohio standard probate form attached to the fiduciary's account giving an itemized statement of receipts and disbursements with item, voucher number and amounts, signed by the fiduciary. Read with R.C.

Official Ohio standard probate form under R.C. 2109.33 notifying recipients that an account for a stated period has been filed and of the hearing date, time and court location, requiring them to examine the account and…

Official Ohio standard probate form under R.C. 2109.33 by which persons interested in the estate waive notice of the hearing on the account. Read with R.C.

Ohio text allowing the court on its own, and requiring it on an interested party's application, to cite a fiduciary who neglects or refuses to file an account, inventory, certificate of notice of probate of will or…

Ohio text requiring every section 2109.301 account to be set for hearing no earlier than 30 days after filing;

Ohio text allowing the fiduciary to serve, and the court to order served, notice of the account hearing on interested persons, including creditors as directed, by mail in addition to publication, at least 15 days before…

Ohio text giving an order settling a fiduciary's account the effect of a judgment, vacable only for fraud on a motion within one year after discovery (extended for persons under disability), for other good cause on…

Ohio text requiring the executor or administrator to collect the assets and complete administration within six months after appointment unless an extension of the time to file a final and distributive account is…

Official Supreme Court statewide form OC-01 (rev. 01.01.20), Decedent's Estate Petition for Adjudication/Statement of Proposed Distribution under Pa. O.C.

No account is confirmed or statement of proposed distribution approved until an adjudication or decree of distribution is filed, under local rules, by the court or its clerk expressly confirming the account or approving…

After confirmation of the final account and distribution to the parties entitled, the court may discharge the personal representative and surety from future liability, or discharge only the surety and let the personal…

A personal representative may file an account any time after four months from the first complete advertisement of the original grant of letters, but not earlier unless the court directs;

Rule text (Pa. O.C. Rule 2.5): no account is confirmed unless written notice of its filing went to unpaid claimants who gave notice under 20 Pa.C.S.

Official Supreme Court Model Estate Account from the Appendix to the Orphans' Court Rules, which Pa. O.C.

The personal representative must give written notice of the filing of the account and of its call for audit or confirmation to every person known to have or assert an interest in the estate as beneficiary, heir, next of…

A personal representative filing an account must file a statement of proposed distribution, or a request that the court or an auditor determine distribution, as local rules prescribe, and the form of the statement, the…

Regulation text: the personal representative must see that the Department's claim is presented to the court and, unless collection is postponed, paid after superior claims, and is personally liable if property subject…

Texas text entitling an executor, administrator or temporary administrator whom the court finds to have managed the estate in compliance with the title to a five percent commission on amounts actually received or paid…

Texas text allowing the final account to refer to the inventory and to adopt earlier approved proceedings, exhibits and vouchers without restating items, but requiring vouchers for anything not already accounted for and…

Texas text requiring the clerk, when a final account is presented, to issue citation stating that the account was presented, when and where the court will consider it, and that a person wishing to contest must appear,…

Texas text allowing an interested person, after two years from the first issuance of letters, to petition for an accounting and distribution of an estate under independent administration.

Texas text requiring a personal representative administering under court order to file, no later than the 60th day after the first anniversary of qualifying and receiving letters (unless extended), a sworn account…

Texas text requiring the court-supervised personal representative to file, no later than the 60th day after each anniversary of qualification (unless extended), an annual account meeting the essential requirements of…

Texas text requiring the personal representative to attach to the annual account an affidavit that it contains a correct and complete statement of the matters to which it relates. Read with sections 359.001 and 359.003;

Texas text requiring the annual account to be filed with the county clerk, who notes it on the judge's docket.

Texas text providing that administration shall be settled and closed when all known debts have been paid, or paid as far as the assets in the representative's possession allow, and no further need for administration…

Texas text requiring the personal representative to present a verified account for final settlement to the court when the administration is to be settled and closed.

The commissioner files the report in the circuit court and, on or before filing a report on a personal representative's account, mails a copy of the report (without the account) to each person entitled to request copies…

Official account form (Va. Code §§ 64.2-1206, 64.2-1308) with a balanced summary of beginning assets, receipts, gains and adjustments against disbursements, losses, distributions to beneficiaries and assets on hand,…

Official sworn statement under Va. Code § 64.2-1314 for personal representatives who are the only distributees or residuary beneficiaries, stating that all known charges are paid, six months have passed since…

The personal representative, or the proponent where no one qualifies, must give written notice of qualification or probate, and of the right to copies of the will, inventories, accounts and reports, to the surviving…

A personal representative filing an inventory, account or statement of intent under § 64.2-1314 must mail a copy (without vouchers) on or before filing to each person notified under § 64.2-508 who requested copies in…

Within 16 months after qualification, a personal representative exhibits before the commissioner of accounts a statement of all money and property received, chargeable or disbursed in the first 12 months;

Each account must exhibit vouchers for disbursements and a statement of cash and investments held at the terminal date.

Where the principal held by a fiduciary does not exceed $35,000 (including a corpus reduced to that level), the fiduciary accounts within the usual period, after which the commissioner may permit accounts every three…