A probate court (sometimes called a surrogate court) is a court that has competence in a jurisdiction to deal with matters of probate and the administration of estates. In contested matters, the probate court examines the authenticity of a will and decides who is to receive the deceased person’s property.

What is a receipt and release agreement?

A Receipt, Release, Refunding and Indemnification Agreement is a probate tool that allows the executor to distribute estate funds to a beneficiary with the promise from the beneficiary to return the funds if it later turns out they were distributed in error.

What is a court ordered accounting?

A court can require a fiduciary to provide a detailed report of the assets managed and justification for expenses incurred. This report is called an “Accounting”. There are two forms of Accountings; Informal Accountings and Formal Accountings.

What is an accounting petition?

The California probate code has specific laws and procedures about the handling and reporting of the money and assets of any trust or estate generally referred to as “accounting”. If the 60 day demand is not met, then they can file a petition to compel accounting with the court.

How to compel an estate accounting in Surrogate’s Court?

Fred should file a petition with the Surrogate’s Court to Compel an estate accounting. What is an Estate Accounting? An estate accounting is a packet prepared by the Executor or Trustee (or “fiduciary”) to account for how the assets of an estate or trust that have been and will be used.

When do you receive a surrogate’s court citation?

The Citation must be served upon you at least ten (10) days prior to the date that you are required to appear in Court. If you live outside of New York, Surrogate’s Court procedure requires that a Citation be sent to you via Certified Mail, Return Receipt Requested.

When to schedule a court conference in Surrogates Court?

At the return date, the Court will check to make sure that jurisdiction is complete (that is, whether all the parties entitled to be served with Citation, were indeed served with the Citation). Once the Court is satisfied that Jurisdiction is complete, the Court may also schedule a court conference if the parties have appeared.

Can a Court compel an estate to prepare an accounting?

Accountings can be prepared voluntarily, pursuant to SCPA 2208, can be compelled by an interested party, pursuant to SCPA 2206, or can even be ordered by the Court, pursuant to SCPA 2205, where the Court finds that preparation of an accounting in the best interests of the estate. Why would You Compel An Estate Accounting?