(a) Whenever the estate of a decedent has not been fully distributed or a final accounting filed with petition for settlement within two years from the date when the first permanent letters of administration or letters testamentary were issued where the gross taxable estate of such decedent does not require the filing of a Federal estate tax return, and within three years if a Federal estate tax return is required, the executor or administrator shall, at or before the end of the first complete month following the expiration of such time, file with the clerk of the court a statement in substantially the following form:
| SURROGATE’S COURT | Report pursuant to 22 NYCRR 207.42 |
___________________________________ COUNTY
Estate of ______________________________________________, Deceased
File No. ___________________________________
Date of issuance of first permanent letters
_________________________________________________________________
Approximate amount of gross estate
_________________________________________________________________
Approximate amount that has been distributed to beneficiaries
_________________________________________________________________
Approximate amount remaining in fiduciary’s hands at present
_________________________________________________________________
This estate has not yet been fully distributed for the following reason: (state briefly)
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Date of this report _____________________________________
____________________________________________
Fiduciary
Address: ___________________________________
Phone: ____________________________________
___________________________________________
Attorney for above Fiduciary
Address: ___________________________________
Phone: ____________________________________
(b) The court shall thereupon take such steps as it deems appropriate to expedite the completion of the administration of the estate and the distribution of all assets.
(c) Failure to file such statement will be considered by the court on any application for commissions or legal fees, and may constitute a ground for disallowance of commissions or fees.
(d) The periods set forth in subdivision (a) of this section are not intended to set a standard time for completion of estate administration, but rather to fix a period after which inquiry may be made by the court.
(e) This section shall not limit the power of the court to direct an accounting at any time on its own initiative or on petition pursuant to SCPA 2205.
Historical Note
Sec. filed Jan. 9, 1986 eff. Jan. 6, 1986.