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2 When certain conditions exist, however, the accounting may be waived, releasing the executor or administrator from his fiduciary duty. Since relief from the duty of accounting means a savings in time and expense in probating an estate, the busy attorney should be aware of those situations where waiver is applicable.
If you want to be the personal representative, complete the Application for Informal Probate and/ or Appointment of Personal Representative form. File the form, the decedent's will (if there is one), and a certified copy of the death certificate with the county probate court where the decedent lived.
Duties of an executor The executor may have to settle debts with the deceased's creditors. Only after creditors receive what the testator owed can the beneficiaries receive their due. Also, the executor may need to file the deceased personal income taxes.
Beneficiaries May Request an Accounting There are situations when a beneficiary will request that the executor or trustee provide an accounting. This may be a formal or informal accounting, depending on the request. Regardless, the fiduciary has a responsibility to provide an accounting when requested.
If the estate is not settled within a year of the first personal representative's appointment, file a Notice of Continued Administration with the court stating why the estate must remain open.
The personal representative is under a duty to settle and distribute the estate "as expeditiously and efficiently as is consistent with the best interests of the estate" and "except as otherwise specified or ordered in regard to a supervised personal representative, without adjudication, order or direction of the court ...
In general, beneficiaries do have the proper to request data about the estate, inclusive of financial institution statements. However, the unique regulations and limitations on gaining access to bank statements may also range relying on the jurisdiction and the particular circumstances of the estate.
As a beneficiary, you are entitled to review the trust's records including bank statements, the checking account ledger, receipts, invoices, etc. Before the trust administration is complete, it is recommended you request and review the trust's records which support the accounting.