Long before a judge ever signs off on a fiduciary's accounting, someone else has usually already gone through it line by line. Many Surrogate's Courts rely on court examiners, specialized staff who review accountings for technical accuracy and compliance before the matter reaches the judge for final approval, catching issues that might otherwise slip through.
What an examiner reviews, and common issues flagged
A court examiner's job is largely technical: checking that a fiduciary's accounting is presented in the proper format, that the schedules balance mathematically, that receipts and disbursements are adequately documented, and that commissions and other fees claimed align with what the law allows. This differs from resolving disputes between a fiduciary and beneficiaries over discretionary decisions; the examiner focuses on whether the accounting itself is technically sound. Common issues flagged include:
- Mathematical inconsistencies between schedules, such as totals in the summary that don't match the underlying detail
- Missing or inadequate documentation for larger or unusual disbursements
- Commission calculations that don't align with the statutory formula, whether overstated or understated
- Incomplete information about assets, such as securities listed without adequate identifying detail or valuation dates
What happens next, and why it benefits fiduciaries too
When a court examiner identifies problems, the fiduciary's attorney typically receives a report detailing the specific issues, and the fiduciary has an opportunity to submit a supplemental affidavit or corrected schedules before the account moves toward settlement. This exchange happens largely on paper and doesn't necessarily require a court appearance. It might seem like an extra hurdle, but this process actually helps fiduciaries by catching correctable problems before they become the basis for a beneficiary's formal objection, an outcome our attorneys keep in mind when preparing accountings for the trustees and executors we represent. Our probate and administration team likewise builds this review process into the overall estate timeline for fiduciaries we represent, so an accounting's expected turnaround through examiner review doesn't come as a surprise late in an administration.
Careful preparation before submission, anticipating the kind of scrutiny a court examiner applies, tends to produce a smoother path to final settlement of the account, saving a fiduciary from multiple rounds of correspondence over issues that could have been caught before filing.
If you're a fiduciary preparing to file an accounting, or want a careful review before submission, call Schwartsman Law Group at +1 212 518 3868 or schedule a free consultation.
