[murphyteam]

How do I compel an executor to provide an accounting of an estate he says is settled? I am a beneficiary along with 2 siblings, both of whom know the finances while I am not privy. One of the siblings is the executor.

[JudyKayTee]

In NY you file with Surrogate's Court, demanding to see the accounting OR demanding (if it has not been done) that the accounting be filed.

The estate cannot be settled without a final accounting and a copy must be provided to all of the beneficiaries with an affidavit stating that the accounting has been provided.

[murphyteam]

Thanks, there does not seem to be a Surrogate Court in my state, but there must be an equivalent. I will pursue.

[JudyKayTee]

Sure, what State? I can pull the law for you.

Also - my apologies - I should have said "whichever Court handles estates."

Sometimes I forget that the whole world doesn't live in NY!

[murphyteam]

Maine, and thank you.

[Fr_Chuck]

The estate to be final, would have to have gone though your states court, here in GA it is probate court, a simple phone call to the court house wlll tell you what court is handling the probate,

You need to find if they have even filed a estate case, and if so what is being done

[AK lawyer]

Maine, and thank you.

Here are some pertinent provisions of Maine TITLE 18-A — PROBATE CODE

Within 3 months after his appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare and file or furnish an inventory of property owned by the decedent at the time of his death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent's death, and the type and amount of any encumbrance that may exist with reference to any item. The inventory shall also include a schedule of credits of the decedent, with the names of the obligors, the amounts due, a description of the nature of the obligation, and the amount of all such credits, exclusive of expenses and risk of settlement or collection.
...

3-706 — Duty of personal representative; inventory and appraisal - Maine 3-706 — Duty of personal representative; inventory and appraisal - Maine Code :: Justia

(a) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court no earlier than 6 months after the date of original appointment of a general personal representative for the estate, a verified statement stating that the personal representative, or a previous personal representative, has:

(1) Determined that the time limited for presentation of creditors' claims has expired; [1989, c. 661, §7 (rpr).]
(2) Fully administered the estate of the decedent by making payment, settlement, or other disposition of all claims that were presented, expenses of administration and estate, inheritance and other death taxes, except as specified in the statement, and that the assets of the estate have been distributed to the persons entitled. If any claims remain undischarged, the statement must state whether the personal representative has distributed the estate subject to possible liability with the agreement of the distributees or it shall state in detail other arrangements which have been made to accommodate outstanding liabilities; and [1989, c. 661, §7 (amd).]
(3) Sent a copy of the statement to all distributees, to all persons who would have a claim to succession under the testacy status upon which the personal representative is authorized to proceed, and to all creditors or other claimants of whom the personal representative is aware whose claims are neither paid nor barred and has furnished a full account in writing of the personal representative's administration to the distributees whose interests are affected thereby. [1989, c. 661, §7 (amd).] [1989, c. 661, §7 (amd).]
(b) If no proceedings involving the personal representative are pending in the court one year after the closing statement is filed, the appointment of the personal representative terminates.

3-1003 — Closing estates; by sworn statement of personal representative - Maine 3-1003 — Closing estates; by sworn statement of personal representative - Maine Code :: Justia