Rule 331 Audit of accounts
PART II
Rule Text
(a) Audit. The Register of Wills shall audit all accounts. At the time of filing an account a fiduciary shall:
(1) Exhibit all checking account bank statements, cancelled checks, vouchers and any other documents evidencing cash transactions during the accounting period.
(2) Exhibit all passbooks, ledger sheets, statements of similar documents issued by a bank, trust company, savings and loan association brokerage firm or similar institution, reflecting the assets of the estate on deposit or on account therein and evidencing any transactions in such assets during the accounting period; and reconciliation of all cash balances.
(3) Where otherwise not ascertained in accordance with subparagraph (a)(1) above, file a written statement by each depository of cash balances on deposit therein and of all other assets (except tangibles) carried in the account as of the closing date of the accounting period.
(4) Exhibit certification or other statements of account of a custodian other than the conservator evidencing ownership of all securities carried in the account as of the closing date of the accounting period. In those cases in which a bank is acting as conservator, in lieu of exhibiting certificates, the bank may submit an affidavit executed by an officer of the bank, other than the officer signing the account, verifying the correctness of the securities and cash accounts held as of the closing date of the accounting period.
(b) Retention of documentation. A conservator shall retain all documentation of financial transactions until approval of the final account and disposition of any timely appeal from the approval of the final account.
(c) Hearing; objections to account. Upon the completion of the audit of an account the Register of Wills shall schedule a hearing on said account and mail a notice of hearing to all parties and persons entitled to receive a copy of the account. Objections to the account, if any, shall be filed and served on all persons entitled to a copy of notice of hearing on the account within 10 days after receipt of notice of the hearing.
(d) Liability of conservator to third parties. Matters pertaining to the personal liability of a conservator, pursuant to D.C. Code § 21-2074, shall be determined in a separate proceeding for accounting, surcharge, or indemnification or other appropriate proceeding or action. All such proceedings may be commenced by any party in interest by filing a complaint. Except as otherwise provided in these Rules, the procedure in such action shall be governed by the Superior Court Rules of Civil Procedure.