Surrogate Edward McCarty III

Executor Pramberger filed an account in response to a petition to compel the filing of an intermediate account by legatee Jare. The filed account shows over $1 million of estate principal, supplemented by realized increases and income collected, but reduced by realized decreases and administrative expenses. Executor sought approval of the accounting. The petition listed 24 individual beneficiaries under decedent's will. The court noted that some, but not all of the parties listed on a citation, were served, and many of the parties named as legatees in the will did not appear in the account or citation submitted to and issued by the court. It noted there were no explanations for these discrepancies. Executor's counsel filed an amended document, but unsigned by the executor, and while there were signature lines for the executor and 43 other parties, only Jare's signature appeared. Court records indicated only eight interested parties were served, and no releases were filed for any beneficiaries other than the document with Jare's signature. Thus, the court found the accounting inadequate and incomplete, directing executor to file a corrected and amended account, and to secure service on all parties who did not execute a waiver and consent.