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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 36206
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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Can I see the Final Account of an estate before sigining the

Customer Question

Can I see the Final Account of an estate before sigining the consent for Personal Representative compensation?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Barrister replied 11 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Yes, that is a reasonable request so you can determine whether the PR's fees are reasonable considering the other expenses and the value of the estate as a whole. It wouldn't really make sense to agree to paying the PR before you know if their compensation is reasonable and whether you should object or not.

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thanks

Barrister

Customer: replied 11 months ago.
I can request that the PR officially file the Final Account before I consent? The way the PR put it, it sounded like I needed to sign the consent before he can file the Final.
Expert:  Barrister replied 11 months ago.

You can't force the PR to file the Final Accounting before they are ready to, but you can refuse to sign off on any release and waiver agreeing to their compensation unless they give you a copy of the final accounting.

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Or you can just refuse to sign at all and then the PR will file the final account regardless. There is then an "Exception period" of 20 days after the final account is approved for you to file an objection to the accounting.

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This is the process:

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The register shall promptly audit the account. Following the audit and approval of the account by the court, the court immediately shall execute an order of approval subject to any exceptions. Exceptions to the account shall be filed within 20 days after entry of the order approving the account and shall include the grounds for the exceptions in reasonable detail. A copy of the exceptions shall be served on the personal representative.

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If no timely exceptions are filed, the order of the court approving the account becomes final. Distribution under the account as approved by the court will be made within 30 days after the order of court approving the account becomes final. The final approval of the final account automatically closes the estate.

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thanks

Barrister