Form JA-5 - Decree of judicial settlement for executor with trust or trustee
SURROGATE'S COURT OF THE STATE OF NEW YORK
COUNTY OF
________X
ACCOUNTING BY
as the FINAL/INTERMEDIATE
of the ESTATE OF DECREE OF JUDICIAL SETTLEMENT
a/k/a FOR EXECUTOR WITH TRUST OR
TRUSTEE
File No. ________
Deceased.
________X
A petition praying for a decree judicially settling the final/intermediate account having been presented and filed in this court and the time to present claims against the estate having expired, and a citation having been issued directed to all persons interested in this proceeding requiring them to show cause why a decree should not be granted judicially settling the account prayed for in the petition, and the citation having been returned with proof of due service thereof on the following:
and duly executed waivers of the service of citation or receipts and releases having been filed for the following:
and the following parties having appeared in answer to the citation:
and , attorneys, having appeared for the petitioner, and there being no other appearances; and the Surrogate having appointed as guardian ad litem for the following persons under a disability:
and each guardian ad litem having filed a report recommending that the account be judicially settled and no objection having been filed to the account; and it appearing that all tax returns required by law have been filed and all New York State estate taxes have been fully paid, provision made therefore, or the estate is exempt from tax; and the Surrogate having examined the account and having found that each petitioner has fully accounted for all of the monies and property of the estate that have come into the petitioner's hands for the period of the account, as adjusted, it is
ORDERED, ADJUDGED AND DECREED, that the final/intermediate account be and the same hereby is judicially settled and allowed as filed (and adjusted), and that the following is a summary thereof as settled:
JA-5 (12/96)
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SUMMARY
PRINCIPAL ACCOUNT
CHARGES:j
Schedule "A" - (Principal received) $________
Schedule "A-1" - (Realized increases in principal) $________
Total principal charges $________
CREDITS:
Schedule "B" - (Realized decreases in principal) $________
Schedule "C" - (Funeral and administration expenses) $________
Schedule "D" - (Creditor's claims actually paid) $________
[does not apply in a trustee's account]
Schedule "E" - (Distributions of principal) $________
Total principal charges $________
Principal balance on hand shown by Schedule "G" $________
INCOME ACCOUNT
CHARGES:
Schedule "A-2" - (Income collected) $________
Total income charges $________
CREDITS:
Schedule "C-2" - (Administration expenses) $________
Schedule "E-1" - (Distributions of income) $________
Total income charges $________
Balance of undistributed income remaining on hand as shown in Schedule "G-1" $________
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COMBINED ACCOUNTS
Principal on hand: Cash $________
Other Property $________
Total $________
Income on hand: Cash $________
Other Property $________
Total $________
Total on hand as of ________, 19________ $________
and it is further
ORDERED, ADJUDGED AND DECREED, that petitioner(s) pay the remaining cash and transfer, assign and deliver the other remaining assets as shown in the account as follows:
To the petitioner:
as and for commissions the sum of $________;
To the petitioner:
as and for commissions the sum of $________;
To the attorney:
for legal services rendered for the benefit of the estate the sum of $________;
and for costs and disbursements: $________;
(which sums are in addition to any payments made on account and allowed by the court)
To the guardian ad litem:
for services as guardian ad litem $________;
and it is further
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ORDERED, ADJUDGED AND DECREED, that the balance remaining on hand in the amount of $________ be paid as follows:
To $________
ORDERED, ADJUDGED AND DECREED, that upon complying with the directions of this decree and the filing of the receipts for the payments herein directed, the petitioner(s) hereby shall be discharged as to all matters and things contained in this accounting and decree.
Dated: ________
______________
Judge of the Surrogate's Court
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