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Other Questions - What do I do if I discover more assets after the Court has issued a final order?

If assets are discovered after a final order has issued, a supplemental petition for small estate proceeding and written verification of those newly found assets must be filed. If the amount discovered increases the estate assets over $40,000.00, then a petition for probate for a large estate must be filed.

Accounting Question - What is Financial Account Information form (form 27)?

It is the Financial Account Information form that a guardian is required to file with the account and includes such information as the name on an account, the name and address of the bank or financial institution, and the account number. The form is maintained under seal and is available only to authorized Court personnel unless otherwise included in the public record.

Accounting Questions - Can I distribute any assets or pay any bills pending court approval of the final account?

Prior to approval of a final account, a conservator may only disburse or expend pursuant to a court order authorizing expenditures or disbursements. Such an order is obtained by filing a petition with the Court for such authority pursuant to Superior Court, Probate Division Rule 334. Otherwise, a conservator should wait until approval of the final account to make final distribution of the deceased ward’s assets.

Accounting Questions - If a summary hearing for failure to satisfy audit requirements has been set and the requirements are satisfied before the scheduled summary hearing date, will the hearing be vacated (cancelled) so

No. A summary hearing can only be vacated by the court (1) at the hearing or (2) by an order in response to a motion to vacate summary hearing filed by the fiduciary. The motion should be filed at least 13 days prior to the date of the hearing, and the Pro Se Motion to Vacate Summary Hearing form may be used. If the motion is filed less than 13 days from the date of the hearing, it should be by consent of all parties. The motion should state the reasons for the delay.