Tags
Assent Forms, Attorney, Bank Fees, Bank Statements, Beneficiaries, Bookkeeping System, Close the Estate, estate account, Executor, Final Account, Final Accounting, Income and Expense Report, Income and Expenses, Inventory of Assets, Record Keeping System, Schedule A, Schedule B, Schedule C
After updating the estate account and completing the final Inventory of Assets, it was time to complete the final accounting. As mentioned in the article Closing an Estate in a Formal Probate Process, the attorney sent me three schedules that made up the final account. With instructions to review the schedules, I began to look them over. During the review, the schedules were already organized by category. Additionally, provided values, presumably by the attorney, were on Schedule A and Schedule B. Since the attorney warned me that values would appear, this didn’t concern me. Also, although the categories surprised me a little, the attorney would explain the categories the next day. So, after my review, the task to complete the final accounting was ready to begin.
Attempting to Complete the Final Accounting
On September 13, 2013, the day after receiving the three schedules, I called the attorney for further instructions. On the call, the attorney gave me the following guidelines:
- The schedules provided were from a previous estate.
- Start Schedule A by plugging in the grand total from the final Inventory of Assets into Schedule A.
- On the schedules there are categories. Plug in values from the estate account into the appropriate schedule under the correct category. The category names can change to accommodate the estate activity.
- Use your first attempt at a zero balance as a draft. If the numbers are way off, we’ll review the schedules together.
- Some of the numbers provided on the schedules relate to the sale of the rental property.
- When the final account balances, send the completed schedules and we’ll go over the next steps.
Immediately after the call, I began some setup work to simplify the process. Using my Quicken account to track estate activity, I set up an Income and Expense report by category as mentioned in the article Creating an Income and Expense Report for the Final Accounting. After printing the report, completing Schedule A was quick and easy. Since most of the information for Schedule A was in the final Inventory of Assets, the following income items remained:
- Dividend Income
- Interest Income
- Rental Income
- Insurance Credits
- Tax Refunds
- Credit Rebates
After quickly finishing Schedule A, Schedule B involved more work. Because Schedule B needed to account for every expense of the estate, it would take more time to complete. So, wasting no time, that same night, I began working on Schedule B.
Human Error Stalls the Final Accounting
The night of September 15, 2013 was a horror show. With Schedule B completed along with the first draft of the final accounting, the results were awful. The final account was off by tens of thousands and was very discouraging. So, the next day I called the attorney and said, “The final account is off by thousands and I am not sure what went wrong. However, I want to start by asking you to look at the numbers you plugged into the schedules. Could you check those numbers for me?”
The attorney replied, “Sure, email me the schedules and I will review the numbers. I will get back to you shortly.”
After the conversation, it took all of ten minutes to hear back from the attorney. The attorney called back and said, “I found part of the problem. Some of the numbers provided aren’t part of this estate; the numbers belong to a past estate. Remove the highlighted numbers and try to balance again. Let me know if this helps.”
I replied, ”Oh, this does help. Obviously, there was something awfully wrong and I didn’t know where to start. I never thought to check the numbers provided or to ask you about them while looking over the schedules.”
The attorney replied, “Sorry, I thought you would notice that the numbers didn’t belong. Forget this oversight and continue on.”
I replied, “I will. Thanks for your help.”
Immediately after the call, I removed the old numbers from the schedules. The difference came down to forty dollars and change. Feeling relieved, I was confident that my bookkeeping system and my record keeping system would help me solve the discrepancy.
Overcoming another Human Error and Hidden Bank Fees to Complete the Final Accounting
The next night, on September 16, 2013, with renewed energy, I began hunting for the discrepancy using my bookkeeping system. The process began by going through the monthly reports generated each month. Shortly into my review, another human error became apparent. Regarding a transaction in the month of March 2013, I copied the wrong amount from the Income and Expense report into Schedule A. After correcting the entry, the discrepancy was down to four dollars.
With a difference of four dollars remaining, my instincts told me that bank fees may be the culprit. In the article Track the Bank Fees in the Bank Statements, banks can charge annual fees on recently closed accounts. So, using my record keeping system, I reviewed bank statements received in January 2013. So, beginning with the January statements for Bank of America, I found the discrepancy. Apparently, maintenance fees for two accounts that were property of the estate charged annual maintenance fees. After reviewing the reports to make sure those fees were not already accounted for, I updated Schedule B. Finally, after two nights of hunting for errors, on September 19, 2013, the final account balanced.
One Step Closer to Closing the Estate
After balancing the final account, I quickly sent the three completed schedules to the attorney in an email. The following day, the attorney sent me an email congratulating me on balancing the final account. In addition, the attorney gave me suggestions on cleaning up the schedules. So, when the attorney sent me the schedules, I immediately polished them up and sent them back. The attorney approved of the changes and gave me the following next steps:
- Each beneficiary will receive a copy of the final Inventory of Assets and the final account under the cover of an assent form. The signing of the assent form indicates that the beneficiaries approve of the documents and the release of the executor.
- To effectively close the estate, each beneficiary must sign and return the assent forms.
- After receiving all the assent forms, complete the final distribution as listed in the final account.
Since the attorney would handle the assent form process, all I could do was wait. Although feeling anxious, I also felt confident that the task to complete the final accounting was finally over.
Was this article insightful? Do you understand why a reliable bookkeeping system and a reliable record system is necessary in an estate administration? Share your thoughts or comments in the comment section below.
Sheila P said:
Question: My brother is the personal representative of my father’s will. My brothers wife detests me and because my father did a Warrantee Deed for me 10 years ago., my brother is enraged. He rarely visited Dad. Dad’s attorney took notes. and he told his attorney he wasn’t telling my brother because he didn’t want any contentious behavior from him. I cared for my Dad for 14 years. I don’t trust my brother to follow Dad’s will and may with hold my inheritance. I would like to have a final financial distribution. Can I file with the Probate Court and how will I know when to do this. Should I hire an attorney? Also my brother wants to come into house to look for Dad’s things. I don’t want him in the house. He should request certain items and I’ll get them to him. I’ve been told he can only sell things with his name on it. I don’t associate with my brother as his behavior is abusive. Thank you , will look for your response.
Robert Dowling said:
Hi Sheila,
Sheila, you should be discussing this with your Father’s attorney. Or, at least ask your Father’s attorney to recommend an estate attorney. Unfortunately, your brother is the executor which gives him the right to secure the estate property. So, if he needs to get in the house to secure assets of the estate, you may have to let him in the house. Executors need to provide a copy of the will to beneficiaries if the beneficiaries ask for a copy. So, I would ask your brother for a copy of the will and make sure your brother is dealing with only the property listed in the will. Basically, you need to know the property he needs to secure.
I assume you are getting the house (I am not sure about warranty deeds). If you still live in that house, you may be able to control when he can access the home. Since I am not an attorney, I would recommend consulting one to figure out your options.
I hope this helps.
Robert
BRENDA ALEXANDER said:
HOW DO I REPORT THAT I PUT MY PERSONAL MONEY INTO AN ESTATE ACCOUNT TO COVER BILLS?
Robert Dowling said:
Hi Brenda,
Typically, an executor wouldn’t use their own money to settle estate bills. Since you deposited your own money to the estate account, you would need to ask your attorney on how to report such a transaction.
Sorry I can’t be of more help.
Robert
Michelle Malloy said:
Silly question but how should you account for assets that weren’t paid to the estate like an annuity or an IRA with beneficiary designations?
Thank you in advance for your help.
Robert Dowling said:
Hi Michelle,
Sorry for the delay. In Schedule A you list the asset, each beneficiary, and the amount each beneficiary received. Since you have to file a final account for the estate, all assets in the asset inventory has to be accounted for in the final accounting. Hopefully, you have a probate attorney working with you on this phase of the estate.
I hope this helps.
Robert
Dianna Gillespie said:
Robert Dowling
What happens if all the beneficiaries do not agree to sign the assent forms?
Robert Dowling said:
Hi Dianna,
The process stops until all beneficiaries sign the assent form. In my experience as executor, this was threatened many times. However, if you explain why the form needs their signature effectively, such as if you want to inherit, then the problem should go away. Explaining the consequences of not signing worked for me.
I hope this helps.
Robert
Sean Guerra said:
I have a question,.probably too late but.ill try. My parents estate just went into a.closed status after the lawyer had.us.sign off the.final accounting. Suffolk.counfy.probate.course.has it listed as closed and.that.i.have with.my.siblings received 180k, which.guess.what.i.haven’t
Now.the.lawyer.nor m th. Siblingx.will answer my questions! Whzt.is my.recourse? I.wrote.to.sufffolk.county clerk in.mass.and.got no answer!
Robert Dowling said:
Hi Sean,
In my experience, after the final accounting has been signed off by the beneficiaries, the attorney will send the paper work to the probate court to close the estate. At this point, the Executor or Personal Representative, will distribute the rest of the estate according to the estate plan. So, you need to find the executor and ask where your share of the 180k went. The attorney, at this point, is on to other business and probably wouldn’t know how the executor plans to make the final distribution.
Before you do anything, make sure you understand how your distribution is to be handled in the estate plan. Is it to go directly to you or is it set up for someone to handle for you? Also, find out if the final distributions have been made. You didn’t give me any indication when this estate closed.
So, contact the executor to find out how your share of the distribution is being handled. They should be responsive. If not, you may need to retain an attorney to get answers for you.
I hope this helps.
Robert
Barry Fleming said:
Is a “final accounting” required by the Court in the case of a “set aside without administration?” I can’t find a specific reference for that…
Robert Dowling said:
Hi Barry,
I am sorry, I can’t answer this question with any confidence because I never heard of “set aside without administration”. However, a final accounting is usually required for an estate going through probate mainly because the court wants to see how the assets of the estate were handled. So, if there is no administration, there is probably no need for a final accounting. Again, this is an assumption, not a definitive answer to your question.
This question is more appropriate for a probate attorney or estate attorney.
Good luck,
Robert
Barry Felming said:
Hi Robert – I was able to find out that the Clark County Nevada Probate Court closed this case – so there is no requirement for an estate final accounting and distribution document filing. Sadly, this has resulted in fraud / theft by the estate representative (“executor”) and I’m left with no legal recourse. It was for “scraps,” but I’m a principled man and son of the deceased. Appreciate your quick reply though.
Best,
Barry
juliet mauro said:
THANK YOU! I WAS NOT AWARE OF THE ASSENT FORM PROCESS!
Robert Dowling said:
Juliet,
My pleasure. I am happy to hear that you have learned something from this blog.
Thank you,
Robert Dowling