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405. Order of Probate Court for Enforcement of Judgment of a Superior Court.

[Title in Probate Court.]

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Now on this day of ..........., 19...., a certain judgment, duly certified, having been received from the. .... Court of ............., as rendered in last said court in a civil action numbered ...... on the dockets thereof, in which is plaintiff and the administrator [executor] of the said estate, ............, is defendant, by virtue of which the sum of ............ dollars (including costs) has been adjudged against the defendant as such administrator [executor], it is ordered by the court that such judgment be filed as a claim allowed against the estate in the aforesaid sum, assigned to the class, and paid in the due course of the

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Your petitioners undersigned respectfully show:

That they are interested in said estate in this, to wit: [As in No. 310.]

That the necessary expenses of funeral, of last sickness of said deceased, and all other debts existing against said deceased, allowed by the court pursuant to law, have been fully satisfied; and said estate has been administered so that there appears to be a residue of property in the hands of the administrator [or, executor] to be distributed or assigned by order of the court to the parties entitled thereto, after the payment of all expenses of administration. But the administrator [or, executor] of said estate neglects to file his final account herein.

Wherefore, your petitioners pray that said administrator [or, executor] be required to appear at some day during the present term of this court and render his final account herein. Dated this............. day of ................................, 19.....

[Names of petitioners.]

[Signature of attorney for petitioners.]

407. Citation for Final Account.

[Title.]

............., administrator [or, executor] of said estate:

To....

Upon motion of, and for good cause shown, you are hereby required to file in this court, in the above entitled matter, within days hereafter, a final report of your administration of the estate, showing the items constituting the resources and liabilities, and what assets or property remains to be distributed or assigned to the heirs at law [or, legatees] of said decedent.

Witness my hand and the seal of my office at
day of ............, 19.....

[Signature and seal of judge or surrogate.]

NOTE: For “Attachment to Enforce Accounting” see No. 313.

408. Final Account, and Verification.

[Title.]

this

The undersigned, as the administrator [or, executor] of the estate of the said decedent,............., respectfully submits the following as a full, correct and final account and report of h........ administration of the said estate, which account exhibits a statement of all claims against the estate which have been presented, allowed and paid, the expenses of administration, the resources and liabilities, and the residue of property to be distributed or assigned:

1. Moneys Received or Collected.

Dates

Items of Receipts

Total moneys received

Amounts

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3. Statement of claims allowed and paid.

[Included in above expenditures.]

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Amounts

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Total claims allowed and paid

4. Summary of Resources and Liabilities.

Resources.

[Charged to account of said administrator.]

(a). Value of all moneys received or collected for said estate, as stated in the inventories

(b). Other moneys arising from approved sales of inventoried realty and personalty

(c). Appraised value of all other personalty on hand Total resources

Liabilities.

[Credited on account of said administrator.]

(a). All claims allowed and paid on
account of decedents last sickness
and furneral

(b). All accrued and accruing expenses
of the administration

Total of items a and b above

(c). All other claims allowed and paid
to general creditors

(d). Decrease in personalty under ap-
proved sales of chattels at less than
appraised values

(e). Value of all personalty set apart by
the court for use of decedent's spouse
and children

(f). Value of all other property dis-
tributed under court's order

Total of c, d, e and f above
Total of all liabilities

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Surplus.

[Resources less liabilities.]

Balance in the hands of the administrator [or, executor} for distribution under order of court, $.............

Homestead.

The following is a general description of the homestead set apart by order of court for the use of decedent's spouse [or, family], viz:

Realty to Be Assigned.

The following is a general description of the real estate, other than the homestead, remaining to be assigned by order of the court, viz:

[Signature of administrator or executor.]

Verification.

[As in No. 315.]

409. Final Account Ordered Filed and Suspended. [Formulate from No. 316.]

410. Supplementary Statement to Final Account.

[Title.]

The undersigned, as the administrat........ [or, execut........] of the estate of the above named decedent, respectfully submits the following supplementary statement to correct the final account filed by h........ in said matter on the ..... 19....:

1. Moneys Received or Collected

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day of

Total value of all receipts shown in said original final account, viz,

Moneys received other than those shown in said original final account [as itemized below], viz:

Amounts

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[Conclude with statement of resources and liabilities, and verify, as in No. 408.]

411. Order Fixing Time for Hearing Final Account.

[Title.]

Now on this

....... day of ............ 19...., the administrator [or, executor] of said estate having heretofore rendered and presented for settlement, and filed in this court his final account of his administration of said estate, it is ordered by the court that .... ............., the ................................ day of............, 19...., of the ............ term of said court, at the hour of ............ o'clock, A. M., be, and the same is, hereby appointed as the time for the settlement of said account, at.........................., in ............; and it is further ordered that due notice thereof be given, posted, published and served as required by law.

[Signature of judge or surrogate.]

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