New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle D - Forms › Chapter VII - Surrogate's Court Forms › Subchapter A - Forms Authorized By Section 207.52 › Surrogate's Forms › Form JA-4 - Trust accounting with instructions

Current through Register Vol. 46, No. 28, July
					 10, 2024
SURROGATE'S COURT OF THE STATE OF NEW
						YORK
COUNTY OF
________X
ACCOUNTING BY ACCOUNTING BY:
as the [ ] Executor with trust
of the ESTATE OF [ ] Trustee
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.]
PRINCIPAL
Schedule A - Principal Received, page
						________
Schedule A-1 - Realized Increases, 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
						________ [does not apply in a trustee's account]
Schedule E - Distributions of Principal,
						page ________
Schedule F - New Investments, Exchanges
						and Stock Distributions, page ________
Schedule G - Principal Remaining on Hand,
						page ________
INCOME
Schedule A-2 - Income Collected, page
						________
Schedule C-2 - Administration Expenses
						Chargeable to Income, page ________
Schedule E-1 - Distributions of Income,
						page ________
Schedule G-1 - Income Remaining on Hand,
						page ________
Schedule H - Interested Parties, 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 ________
JA-4 (6/98)
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SUMMARY
PRINCIPAL ACCOUNT
CHARGES:
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 credits $________
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 credits $________
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________
						$________
The foregoing principal 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 $ ________ shown in
						Schedule I, and to the proper charge to principal of expenses of this
						accounting.
The foregoing income balance of $ ________
						consists of $ ________ in cash and $ ________ in other property on hand as of
						the ________ day of ________, 19 ________. It is subject to deductions of
						estimated income commissions amounting to $ ________ shown in Schedule I, and
						to the proper charge to income 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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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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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 of the net sale.
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 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 Charged to Principal
This schedule must contain an itemized
						statement of all moneys chargeable to principal 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.
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.
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Schedule E
Statement of Distributions of
						Principal
This schedule must contain an itemized
						statement of all moneys paid and all property delivered from principal 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 Principal 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.
INCOME
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 C-2
Statement of Administration Expenses
						Charged to Income
This schedule must contain an itemized
						statement of all moneys chargeable to income and paid for administration,
						maintenance and other expenses, together with the date and reason for each such
						expenditure.
Schedule E-1
Statement of Distribution of Income
This schedule must contain an itemized
						statement of all moneys paid and of property delivered out of income to the
						beneficiaries, the date of payment or delivery thereof and the name of the
						person to whom payment or delivery was actually made. If convenient,
						distributions of income to any one beneficiary may be reported by the calendar
						year.
Schedule G-1
Statement of Income on Hand
This schedule must contain a statement
						showing all undistributed income.
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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(e).
Schedule J
Statement of Other Pertinent Facts and
						Cash Reconciliation
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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