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-5 - Decree of judicial settlement for executor with trust or trustee

Current through Register Vol. 46, No. 28, July
					 10, 2024
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)
-1-
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" $________
-2-
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
-3-
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
-4-