PRIVATE COMMITTEE REPORT - PASSING OF ACCOUNTS 2025

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New York State law does not specify a fixed timeframe within which an executor must complete the estate settlement process. The timeline for settling an estate can vary widely depending on several factors, including the complexity of the estate, the presence of disputes, and the efficiency of the executor.
Beneficiaries have the legal right to Force the Executor to file a Formal Accounting. This accounting must detail every asset and justify every expense. These are estate expenses. If the Personal Representative has already distributed the estates assets, there are no funds to pay this bill.
If the beneficiary is not satisfied with an informal accounting, they can ask for a formal accounting. If the executor fails to provide one, the beneficiaries can compel the executor to provide one. If the executor is ordered by the court to provide an accounting, they usually do or get removed by the court.
Beneficiaries have the right to review the accounting. They also have the right to request more information. If they want to see supporting documentation, the executor must provide things like: Receipts.
A question were often asked as probate attorneys is: Do bank accounts with beneficiaries have to go through probate? If there is a payable-on-death beneficiary for a bank account, it generally means that the account wont have to go through probate.
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One question that often arises is whether or not or now not an executor is required to show accounting to beneficiaries. The brief reply is yes, an executor in New York has a criminal responsibility to provide an accounting of their actions and decisions as they raise out their duties.
Request the Accounting: Beneficiaries have the right to request an accounting from the executor or trustee. Legal Action: If the executor still refuses to provide the accounting, beneficiaries can petition the court to compel the executor.
Heres what you need to know about assets that are typically exempt from probate in New York: Jointly Owned Property. Payable-on-Death and Transfer-on-Death Accounts. Retirement Accounts. Life Insurance Policies. Trust Assets. Small Estates.

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