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Petition for Judicial Settlement of Accounts

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PETITION FOR JUDICIAL SETTLEMENT OF ACCOUNT

For Office Use Only

Filing Fee Paid $

Receipt No:

DO NOT LEAVE ANY ITEMS BLANK

SURROGATE’S COURT OF THE STATE OF NEW YORK

COUNTY OF

ACCOUNTING BY

as the

of the ESTATE OF

a/k/a

Deceased.

TO THE SURROGATE’S COURT, COUNTY OF

It is respectfully alleged:

1. The name(s), and address(es) of the petitioner(s), the type and date of letters issued, and the amount and surety of petitioner’s bond, if any, are as follows:

Name:

Address:

Mailing address:

Type of letters issued: Date letters issued:

Amount of bond: $ Name of surety:

Name:

Address:

Mailing address:

Type of letters issued: Date letters issued:

2. The decedent’s name, date of death and domicile are as follows:

Name: Date of death:

Domicile:

Township of: County of:

3. The petitioner(s) present(s) and render(s) herewith, a verified account of petitioner’s proceedings in this estate or trust, for the period from to , showing the gross value of assets, including principal and income, to be the sum of $ .

4. (a) An order was entered in this Court on , 20 .

Exempting the estate from tax

Fixing and assessing the tax due

[Attach a copy of the tax order and receipt]

(b) The following return(s) (was) (were) filed:

ET-90 [For decedent’s dying on or after May 25, 1990]. A copy was filed with the Surrogate’s Court Yes No

TT-385 [For decedent’s dying before May 25, 1990]

706 or 706NA

The estate taxes with respect to this estate were paid in full. [Attach a copy of letter of discharge.]

(c.) No tax proceeding or return was required for this estate.

5. The rendering of such account at this time is proper because

seven months have elapsed since letters were issued to petitioner(s);

letters issued to the petitioner(s) have been revoked;

more than one year has elapsed since the preceding account of the petitioner(s) was settled;

other reason [specify]:

6. The names and post-office addresses of all persons and parties interested in this proceeding who are required to be cited under the provisions of Surrogate’s Court Procedure Act §2210, or otherwise, or concerning whom or which the Court is required to have information, are set forth in subdivision (a) or (b):

(a) All persons and parties so interested herein who are of full age and sound mind, or which are corporations or associations, are as follows:

Name Nature of Interest P.O. Address

(b) All persons so interested herein who are infants or incompetents or persons believed to be mentally incapable to adequately protect their rights, or persons whose existence, identity, or whereabouts are unknown (including persons who are virtually represented under SCPA §315) are as follows:

[Furnish all information specified in NOTE at bottom of page]

Name Nature of Interest P.O. Address

7. There are no persons interested in this proceeding other than those herein about mentioned.

8. No prior application has been made to this or any other court for the relief requested in this petition.

WHEREFORE the petitioner(s) pray(s) that the account of proceedings be judicially settled

and that process be issued to all necessary parties who have not appeared to show cause why the relief requested should not be granted; and that an order be granted directing the service of process pursuant to the provisions of SCPA Article 3 upon such persons named in Paragraph (6) whose names or whereabouts are unknown and cannot be ascertained or who may be persons on whom service by personal delivery cannot be made.

Dated:

1.

2.

3.

VERIFICATION

[For use when petitioner is an individual]

STATE OF NEW YORK )

COUNTY OF ) ss.:

Sworn to before me on , 20

Notary Public

Commission Expires:

(Affix Notary Stamp or Seal)

Signature of Attorney:

Print Name:

Name of Attorney: Tel. No.:

Address of Attorney:

RECEIPT AND RELEASE

File No.

The undersigned, being of full age, sound mind and under no disability, and entitled to share in the estate as a

legatee under a will, distributee of an intestate share, trust beneficiary, creditor of the estate, other

Date Signature Street Address Interest

Print Name City/Town/Village State/Zip

WAIVER OF CITATION AND CONSENT IN ACCOUNTING

File No.

The undersigned, being of full age, and sound mind, residing at the address written below, having an interest in this proceeding, waives the issuance and service of citation in this proceeding, and consents to the submission of a decree settling the account as filed and adjusted without further notice.

Date Signature Street Address Interest

ACCOUNTING CITATION

File No.

A petition and an account having been duly filed by , whose address is

YOU ARE HEREBY CITED TO SHOW CAUSE before the Surrogate’s Court, County , at , New York, on at o'clock in the noon of that day, why the account of , a summary of which has been served herewith, as , of the estate of should not be judicially settled.

[State any further relief requested]

HON.

Dated, Attested and Sealed,

(Seal) Chief Clerk

Name of Attorney: Tel. No.:

Address of Attorney:

Enter text✕

What a Petition for Judicial Settlement of Accounts Is

A Petition for Judicial Settlement of Accounts is a formal court filing used in probate and fiduciary proceedings to present a fiduciary's complete accounting to the court and interested parties. It asks the court to review receipts, expenditures, distributions, and fees, permit objections, and enter an order approving or modifying the accounting. Typical filers include executors, administrators, trustees, guardians, and conservators seeking finality or interim approval of their handling of estate, trust, or guardianship assets.

Why You Use This Petition

The petition provides judicial oversight and finality by documenting fiduciary actions, protecting fiduciaries from future claims, and creating a court-approved record of distributions and fees.

Why You Use This Petition

Who Typically Prepares and Files This Petition

The petition serves multiple stakeholders involved in estate, trust, guardianship, or conservatorship matters.

  • Personal representatives and executors managing estate administration and seeking discharge.
  • Trustees and fiduciaries reconciling trust receipts, expenses, and distributions for beneficiaries.
  • Guardians or conservators documenting asset management and requesting court approval.

Courts, beneficiaries, and creditors rely on the petition and supporting exhibits to review the fiduciary's conduct and raise objections if necessary.

Step‑by‑Step: Completing the Petition

Follow this sequence to assemble a clear, court-ready petition and supporting exhibits.

  • 01
    Prepare Inventory: Compile complete asset and receipt records.
  • 02
    Assemble Exhibits: Attach vouchers, bank statements, and appraisals.
  • 03
    Draft Petition: Draft accounting summary and proposed distribution.
  • 04
    File & Serve: File with court and serve required parties.

How to Configure an Online Filing Workflow

Set up a simple e-filing and e-sign workflow so documents are complete, authenticated, and auditable before submission.

Field Configuration
Upload Document Accept PDF or DOCX, flattened for signature
Signers Add fiduciary and attorney email addresses
Authentication Use email link or SMS code for signer ID
Routing Require signatures in legal order
Notifications Enable receipt and final document delivery

Where to File and How the Process Progresses

The petition travels from preparer to court and interested parties; understand each destination and required action.

  • Court Clerk: File original petition and exhibits with probate court
  • Service on Parties: Serve beneficiaries and creditors per local rules
  • Notice Publication: Publish notice when required by statute
  • Court Hearing: Appear at hearing for objections and final order

Technical Requirements for Digital Completion and Submission

Use an eSignature platform that supports PDF/DOCX, audit trails, and authentication suitable for legal filings.

  • File Formats: PDF and DOCX accepted
  • Authentication: Email, SMS, or stronger methods
  • Integrations: Works with case management systems

Confirm local court rules for e‑filing and whether the court accepts electronically signed petitions or requires original signatures or notarization before submitting.

Typical Timelines and Court Deadlines to Watch

Deadlines vary by jurisdiction; use these common timing checkpoints to plan filings and service.

Filing Deadline:

File within the court's schedule or by the date ordered by the judge

Notice to Creditors:

Publish or send notice per local statute within prescribed window

Hearing Notice:

Provide parties with hearing date and time as required

Objection Period:

Allow the court-provided period for objections before final order

Final Order:

Court issues order after hearing or upon default

Key Milestones from Preparation to Final Order

Track these sequential milestones so the petition advances without avoidable delays.

01

Prepare Accounting

Compile transactions, assets, and schedules for the period.

02

File Petition

Submit petition and exhibits to the probate court.

03

Serve Interested Parties

Serve beneficiaries, creditors, and interested persons as required.

04

Court Hearing & Order

Attend hearing; court enters approval, modification, or denial.

Essential Information to Include on the Petition

Case Caption: Court name and case number
Fiduciary Identity: Full legal name and capacity
Accounting Period: Start and end dates
Assets Listed: Description and values
Supporting Vouchers: Receipts and bank statements
Proposed Distribution: Beneficiaries and amounts

Penalties and Risks of an Incorrect or Incomplete Petition

Missed Deadlines: Case delays or dismissal
Inaccurate Accounting: Court surcharge or corrective order
Undisclosed Assets: Potential personal liability
Improper Distribution: Reversal or restitution orders
Contested Accounting: Protracted litigation and costs
Tax Liabilities: Penalties and interest on unpaid taxes

Common Preparation Errors to Avoid

  • Submitting incomplete supporting documents such as missing receipts, bank statements, or appraisals leads to court requests for supplementation.
  • Using inconsistent values across schedules and supporting exhibits causes confusion and invites creditor or beneficiary challenges.
  • Failing to serve all interested parties according to local rules can result in notice defects and delayed hearings.
  • Relying on handwritten or unclear totals increases the chance of arithmetic objections and court-ordered corrections.

Real‑World Stories About Streamlining Documentary Workflows

These customer snapshots describe general benefits from adopting digital signing for complex paperwork and approvals.

Optica Ventures LLC

A small investment firm improved document turnaround for client approvals and internal reviews.

  • The interface is simple and easy to use.
  • "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers." — Brian Fitzgibbons, COO, Optica Ventures LLC.

Martin Properties

A property management business moved lease and closing paperwork online to reduce in-person meetings.

  • Mobile and offline signing worked well.
  • "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently." — Tim Martin, Founder, Martin Properties.

Comparing eSignature Vendors for Petition Workflows

Price and capabilities vary; the table below provides a quick comparison of starting price and core features for common vendor options.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions About the Petition and Electronic Processing

Answers to common questions about preparing, signing, and submitting a Petition for Judicial Settlement of Accounts.


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