26-20.1 - Statement in lieu of settlement of accounts by personal representative or representatives in certain circumstances.
§ 26-20.1. Statement in lieu of settlement of accounts by personalrepresentative or representatives in certain circumstances.
A. If all distributees of a decedent's estate or all residuary beneficiariesunder a decedent's will are personal representatives of that decedent'sestate, whether serving alone or with one or more others who are notdistributees or residuary beneficiaries, the personal representatives may, inlieu of the settlement of accounts required by § 26-17.5, file with thecommissioner of accounts a statement under oath that all known chargesagainst the estate have been paid, that six months have elapsed since thepersonal representatives qualified in the clerk's office, and that theresidue of the estate has been delivered to the distributees orbeneficiaries. In the case of a residuary beneficiary, the statement shallinclude an itemized listing, substantiated and accompanied by proper vouchersshowing satisfaction of all other bequests in the will. The statement shallbe considered an account stated and subject to all the provisions of thischapter applicable to accounts stated. For the purposes of this section, theterm "residuary beneficiary" shall not include the trustee of a trust thatreceives a residuary gift under a decedent's will.
B. If the statement authorized by this section cannot be filed with thecommissioner within the time prescribed by § 26-17.5, the personalrepresentatives, within that time, shall file either (i) an interim accountor (ii) a written notice under oath that the personal representatives intendto file a statement in lieu of the settlement of accounts when all requisitesof this section have been met, which shall include an explanation of why sucha statement cannot presently be filed. Second and subsequent interim accountsor notices of intent to file shall be filed annually until the statement inlieu of the settlement of accounts is filed. A commissioner who determinesthat the reasons offered for not presently filing a statement in lieu ofsettlement are not sufficient, whether in a first or subsequent writtennotice, may require the personal representatives to file an interim accountin addition to the notice. The filing of an interim account shall notpreclude the filing of a subsequent statement.
C. For examining and approving a statement and vouchers or a written noticeunder the provisions of this section, the commissioner shall be allowed a feenot to exceed seventy-five dollars.
(1960, c. 428; 1972, c. 326; 1975, c. 192; 1980, c. 199; 1981, c. 113; 1983,c. 328; 1984, c. 309; 1993, c. 525; 1998, c. 610; 2001, c. 107.)