Surrogate Edward McCarty III
Public Administrator (PA), the administrator of decedent Wiese’s estate, sought an order releasing and discharging the surety of the fiduciary’s bond. The PA noted the sole asset in Wiese’s estate was her interest in real property, but claimed the outstanding mortgage on the property far exceeded its value. The PA obtained a bond for $429,000, but sought an order releasing and discharging the PA and its surety from any claims, actions and liabilities on account of the proceedings. An accounting citation was submitted, and served upon the surety. The court stated a judicial account has not been filed with the PA’s motion, nor was there any indication that decedent’s distributees or creditors were given notice the PA was seeking the instant relief. The court concluded that an affidavit of account was inadequate to discharge the administrator and his surety. Thus, it directed the PA to file a judicial account with proper notice to all interested parties. Also, the court stated the PA may choose to apply for a reduction in the amount of the bond pending the settlement of his account in a separate proceeding.
