Form JA-7 - Non-trust accounting with instructions
SURROGATE'S COURT OF THE STATE OF NEW YORK
COUNTY OF
________X
ACCOUNTING BY ACCOUNTING BY:
as the [ ] Executor
of the ESTATE OF [ ] Administrator
a/k/a [ ] Other [specify] ________
Deceased.
________X File No. ________
TO THE SURROGATE'S COURT OF THE COUNTY OF
The undersigned does hereby render the account of proceedings as follows:
Period of account from ________ to ________
This is a (final) (intermediate) account [delete inapplicable term].
[The instructions concerning the schedules need not be stated at the head of each schedule. It will be sufficient to set forth only the schedule letter and heading. For convenience of reference, the schedule letter and page number of the schedule should be shown at the bottom of each sheet of the account.]
Schedule A - Principal Received, page ________
Schedule A-1 - Realized Increases, page ________
Schedule A-2 - Income Collected, page ________
Schedule B - Realized Decreases, page ________
Schedule C - Funeral and Administration Expenses and Taxes, page ________
Schedule C-1 - Unpaid Administration Expenses, page ________
Schedule D - Creditor's Claims, page ________
Schedule E - Distributions Made, page ________
Schedule F - New Investments, Exchanges and Stock Distribution, page ________
Schedule G - Personal Property Remaining on Hand, page ________
Schedule H - Interested Parties and Proposed Distribution, page ________
Schedule I - Computation of Commissions, page ________
Schedule J - Other Pertinent Facts and Cash Reconciliation, page ________
Schedule K - Estate Taxes Paid and Allocation of Estate Taxes, page ________
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JA-7 (6/98)
SUMMARY
CHARGES:
Schedule "A" - (Principal received) $________
Schedule "A-1" - (Realized increases in principal) $________
Schedule "A-2" - (Income Collected) $________
Total charges $________
CREDITS:
Schedule "B" - (Realized decreases in principal) $________
Schedule "C" - (Funeral and administration expenses) $________
Schedule "D" - (Creditor's claims actually paid) $________
Schedule "E" - (Distributions of principal) $________
Total credits $________
Balance on hand shown by Schedule "G" $________
The foregoing balance of $________ consists of $________ in cash and $________ in other property on hand as of the ________ day of ________, 19________. It is subject to deduction of estimated principal commissions amounting to $________ as shown in Schedule I, and to the proper charge to principal of expenses of this accounting.
The attached schedules are part of this account.
(Name of Corporate Fiduciary)
(Signature of Fiduciary)
(Signature of Officer)
(Signature of Fiduciary)
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JA-7 (6/98)
AFFIDAVIT OF ACCOUNTING PARTY
STATE OF NEW YORK
COUNTY OF ss.:
________ being duly sworn, says: that the schedules of assets of the estate reported herein are true and complete and include all money and property of any kind, and all increment thereon, which have come into the hands of any of the accounting parties or have been received by any other persons for the use of any accounting party by order or authority of such accounting party, and include all indebtedness due by any accounting party to the estate whether discharged or not; that the moneys stated in the account as collected were all that could be collected; that all claims for credit for losses or decreases of value of assets are correctly reported; that the reported payments out of estate assets for funeral and administration expenses were actually made and made in the amounts scheduled; that the reported payments to creditors and beneficiaries were actually made at the dates and in the amounts scheduled; that no payments have been made by any accounting party on any fiduciary's claims against the estate except after prior approval and allowance by the Surrogate; that all receipts and disbursements are correctly and fully reported and scheduled; that the accounting parties do not know of any error in the account or in any schedule thereof or of any matter or thing relating to the estate omitted therefrom to the prejudice of the rights of any creditor or of any person interested in the estate; and that the schedule of commissions has been computed in conformity with the statute regulating commissions and the Rules of the Surrogate's Court applicable thereto.
Sworn to before me on
________, 19________ ________
Signature
________
Print Name
______________
Notary Public
Commission Expires:
(Affix Notary Stamp or Seal)
Name of Attorney: ____________ Tel. No.: ________
Address of Attorney: ____________
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JA-7 (6/98)
INSTRUCTIONS
PRINCIPAL
Schedule A
Statement of Principal Received
This schedule must contain an itemized statement of all the moneys and other personal property constituting principal for which each accounting party is charged, together with the date of receipt or acquisition of such money or property. If real property has been sold by the fiduciary, this schedule must set forth the proceeds of sale of such property, including a copy of the closing statement.
Schedule A-1
Statement of Increases on Sales, Liquidation or Distribution
This schedule must contain a full and complete statement of all realized increases derived from principal assets whether due to sale, liquidation, or distribution or any other reason. It should also show realized increases on new investments or exchanges. In each instance, the date of realization of the increase must be shown and the property from which the increase was derived must be identified.
Schedule A-2
Statement of All Income Collected
This schedule must contain a full and complete statement of all interest, dividends, rents and other income received, and the date of each receipt. Each receipt must be separately accounted for and identified, except that where a security had been held for an entire year, the interest or ordinary dividends may be reported on a calendar year basis.
Schedule B
Statement of Decreases Due to Sales, Liquidation, Collection, Distribution or Uncollectability
This schedule must contain a full and complete statement of all realized decreases on principal assets whether due to sale, liquidation, collection or distribution, or any other reason. It should show decreases on new investments or exchanges and also sales, liquidations or distributions that result in neither gain nor loss. In each instance, the date of realization of the decrease must be shown and the property from which the decrease was incurred must be identified. It should also report any asset which the fiduciary intends to abandon as worthless, together with a full statement of the reasons for abandoning it.
Schedule C
Statement of Funeral and Administration Expenses and Taxes Actually Paid
This schedule must contain an itemized statement of all moneys chargeable and paid for funeral, administration and other necessary expenses, together with the date and the reason for each expenditure. Consolidate all similar expenditures; i.e., funeral expenses, taxes, accountant fees, legal fees, filing fees, commissions, other. Where the will directs that all inheritance and death taxes are to be paid out of the estate, credit for payment of the same should be taken in this schedule.
Schedule C-1
Statement of Unpaid Administration Expenses
This schedule must contain an itemized statement of all unpaid claims for administration and other necessary expenses, together with a statement of the basis for each such claim.
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Schedule D
Statement of All Creditor's Claims
This schedule must contain an itemized statement of all creditor's claims subdivided to show:
1. Claims presented, allowed, paid and credited and appearing in the Summary Statement, together with the date of payment.
2. Claims presented and allowed but not paid.
3. Claims presented but rejected, and the date of and the reason for such rejection.
4. Contingent and possible claims.
5. Personal claims requiring approval by the court pursuant to SCPA § 1805.
In the event of insolvency, preference of various claims should be stated, with the order of their priority.
Schedule E
Statement of Distributions Made
This schedule must contain an itemized statement of all moneys paid and all property delivered to the beneficiaries, legatees, trustees, surviving spouse or distributees of the deceased, the date of payment or delivery thereof, and the name of the person to whom payment or delivery was actually made.
Where estate taxes are required to be apportioned and payments have been made on account of the taxes, the amounts apportioned in Schedule K against beneficiaries of the estate shall be charged against the respective individuals share.
Schedule F
Statement of New Investments, Exchanges and Stock Distributions
This schedule must contain an itemized statement of (a) all new investments made by the fiduciary with the date of acquisition and cost of all property purchased, (b) all exchanges made by the fiduciary, specifying dates and items received and items surrendered, and (c) all stock dividends, stock splits, rights and warrants received by the fiduciary, showing the securities to which each relates and their allocation as between principal and income.
Schedule G
Statement of Personal Property Remaining on Hand
This schedule must contain an itemized statement showing all property constituting principal remaining on hand including a statement of all uncollected receivables and property rights due to the estate. Show the date and cost of all such property that was acquired by purchase, exchange or transfers made or received, together with the date of acquisition and the cost thereof and indicate such sums in the appropriate lines of the summary schedule. Show all unrealized increases and decreases relating to assets on hand, and report the same in the appropriate places in the summary schedule.
Schedule H
Statement of Interested Parties
This schedule must contain the names of all persons entitled as beneficiary, legatee, devisee, trustee, surviving spouse, distributee, unpaid creditor or otherwise to a share of the estate or fund, with their post office addresses and the degree of relationship, if any, of each to the deceased, and a statement showing the nature of and the value or approximate value of the interest of each such person.
This schedule also must contain a statement that the records of this court have been searched for powers of attorney and assignments and encumbrances made and executed by any of the persons interested in or entitled to a share of the estate and a list detailing each power of attorney, assignment and encumbrance, disclosed by such search, with the date of its recording and the name and address of each attorney in fact and of each assignee and of each person beneficially interested under the encumbrance referred to in the respective instruments, and also whether the accounting party has any knowledge of the execution of any such power of attorney or assignment not so filed and recorded.
Schedule I
Statement of Computation of Commissions
This schedule must contain a computation of the amount of commissions due upon this accounting. See Uniform Court Rule, § 207.40(d).
Schedule J
Statement of Other Pertinent Facts, Cash Reconciliation and Proposed Distribution
This schedule must contain a statement of all other pertinent facts affecting the administration of the estate and the rights of those interested therein. It must also contain a statement of any real property left by the decedent that it is not necessary to include as an estate asset to be accounted for, a brief description thereof, its gross value, and the amount of mortgages or liens thereon at the date of death of the deceased. A cash reconciliation must also be set forth in this schedule so that verification with bank statements and cash on hand may be readily made.
Schedule K
Statement of Estate Taxes Paid and Allocation Thereof
This schedule must contain a statement showing all estate taxes assessed and paid with respect to any property required to be included in the gross estate of the decedent under the provisions of the Tax Law or under the laws of the United States. This schedule must also contain a computation setting forth the proposed allocation of taxes paid and to be paid and the amounts due the estate from each person in whose behalf a tax payment has been made and also the proportionate amount of the tax paid by each of the named persons interested in this estate or charged against their respective interest, as provided in Section 2-1.8 of the Estates, Powers and Trusts Law.
Where an allocation of taxes is required, the method of computing the allocation of said taxes must be shown in this schedule.
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