Section § 1060

Explanation

This law section outlines the rules for filing accounts with the court. It states that you only need to include the information specified in this chapter unless the law requires more details elsewhere or there's a good reason to add extra information.

This chapter governs all accounts to be filed with the court. Except as specifically provided elsewhere in this code, or unless good cause is shown therefore, no information in addition to that required in this chapter need be in an account.

Section § 1060.5

Explanation

The provisions in this chapter became effective starting July 1, 1997.

This chapter shall be operative on and after July 1, 1997.

Section § 1061

Explanation

This section outlines how fiduciaries must prepare summary accounts when handling estates. The account must cover a specific period and include details like the initial property value, any new assets received, income, expenses, gains, losses, and distributions made during that time. It must also indicate the property at the end of the accounting period. These summaries must be formatted in a specific way where the total charges equal the total credits. Terms like 'net income' and 'net loss' must follow general accounting principles, not necessarily match tax returns.

(a)CA Probate Code § 1061(a) All accounts shall state the period covered by the account and contain a summary showing all of the following, to the extent applicable:
(1)CA Probate Code § 1061(a)(1) The property on hand at the beginning of the period covered by the account, which shall be the value of the property initially received by the fiduciary if this is the first account, and shall be the property on hand at the end of the prior account if this is a subsequent account.
(2)CA Probate Code § 1061(a)(2) The value of any assets received during the period of the accounting which are not assets on hand as of the commencement of the administration of an estate.
(3)CA Probate Code § 1061(a)(3) The amount of any receipts of income or principal, excluding items listed under paragraphs (1) and (2) or receipts from a trade or business.
(4)CA Probate Code § 1061(a)(4) Net income from a trade or business.
(5)CA Probate Code § 1061(a)(5) Gains on sales.
(6)CA Probate Code § 1061(a)(6) The amount of disbursements, excluding disbursements for a trade or business or distributions.
(7)CA Probate Code § 1061(a)(7) Loss on sales.
(8)CA Probate Code § 1061(a)(8) Net loss from trade or business.
(9)CA Probate Code § 1061(a)(9) Distributions to beneficiaries, the ward or conservatee.
(10)CA Probate Code § 1061(a)(10) Property on hand at the end of the accounting period, stated at its carry value.
(b)CA Probate Code § 1061(b) The summary shall be in a format substantially the same as the following, except that inapplicable categories need not be shown:
SUMMARY OF ACCOUNT
CHARGES:
Property on hand at beginning of
account (or Inventories)

$

Additional property received (or
Supplemental Inventories)

Receipts (Schedule ______)
Gains on Sale or Other Disposition
(Schedule _______)

Net income from trade or business
(Schedule_______)
Total Charges:
$
CREDITS:
Disbursements (Schedule _______)
$
Losses on Sale or Other Disposition
(Schedule _______)
Net loss from trade or business
(Schedule ______)
Distributions (Schedule ______)
Property on hand at close of account
(Schedule ______)
Total Credits:
$
(c)CA Probate Code § 1061(c) Total charges shall equal total credits.
(d)CA Probate Code § 1061(d) For purposes of this section, the terms “net income” and “net loss” shall be utilized in accordance with general accounting principles. Nothing in this section is intended to require that the preparation of the summary must include “net income” and “net loss” as reflected in the tax returns governing the period of the account.

Section § 1062

Explanation

This law section requires a detailed summary when dealing with financial accounts related to estates or conservatorships. It must include several schedules: showing all income received and its source; details of all outgoing payments, including who was paid and why; summaries of business profits or losses; details of any gains or losses from sales; records of distributions to beneficiaries or conservatees, listing dates and amounts; and a list of properties owned, including their original value.

The summary shall be supported by detailed schedules showing the following:
(a)CA Probate Code § 1062(a) Receipts, showing the nature or purpose of each item, the source of the receipt, and the date thereof.
(b)CA Probate Code § 1062(b) Disbursement, including the nature or purpose of each item, the name of the payee, and the date thereof.
(c)CA Probate Code § 1062(c) Net income or loss from a trade or business, which shall be sufficient if it provides the information disclosed on Schedule C or F of the federal income tax return.
(d)CA Probate Code § 1062(d) Calculation of gains or losses on sale or other disposition.
(e)CA Probate Code § 1062(e) Distributions of cash or property to beneficiaries, ward or conservatee, showing the date and amount of each, with the distribution of property shown at its carry value.
(f)CA Probate Code § 1062(f) Itemized list of property on hand, describing each item at its carry value.

Section § 1063

Explanation

This law outlines the requirements for including specific schedules in estate and trust accounting. At the end of each accounting period, there's a need to show the estimated market value of assets at the beginning and end of the period. Any changes to assets must also be listed, except for certain cash transfers. In cases where an estate or trust is distributed to an income beneficiary, the statement must show how receipts and disbursements are divided between principal and income. Properties given specifically in a will need a schedule to track income and expenditures related to those properties. Interests paid need a calculation schedule. For proposed distributions, the schedule should outline the distribution plan and asset values. Liabilities need to be clearly listed, including taxes, judgments, and other debts. If there's real property in foreign places, it must be detailed, showing its value and the measures taken to protect it.

(a)CA Probate Code § 1063(a) In all accounts, there shall be an additional schedule showing the estimated market value of the assets on hand as of the end of the accounting period, and a schedule of the estimated market value of the assets on hand as of the beginning of the accounting period for all accounts subsequent to the initial account. The requirement of an estimated value of real estate, a closely held business, or other assets without a ready market, may be satisfied by a good faith estimate by the fiduciary.
(b)CA Probate Code § 1063(b) If there were purchases or other changes in the form of assets occurring during the period of the account, there shall be a schedule showing these transactions. However, no reporting is required for transfers between cash or accounts in a financial institution or money market mutual funds as defined in subdivision (d) of Section 8901.
(c)CA Probate Code § 1063(c) If an estate of a decedent or a trust will be distributed to an income beneficiary, there shall be a schedule showing an allocation of receipts and disbursements between principal and income.
(d)CA Probate Code § 1063(d) If there is specifically devised property, there shall be an additional schedule accounting for income, disbursements, and proceeds of sale pursuant to Section 12002 and subdivision (a) of Section 16340.
(e)CA Probate Code § 1063(e) If any interest has been paid or is to be paid under Section 12003, 12004, or 12005, or subdivision (b) of Section 16340, there shall be a schedule showing the calculation of the interest.
(f)CA Probate Code § 1063(f) If the accounting contemplates a proposed distribution, there shall be a schedule setting forth the proposed distribution, including the allocation of income required under Section 12006. If the distribution requires an allocation between trusts, the allocation shall be set forth on the schedule, unless the allocation is to be made by a trustee after receipt of the assets. If the distribution requires valuation of assets as of the date of distribution, the schedule shall set forth the fair market value of those assets.
(g)CA Probate Code § 1063(g) If, at the end of the accounting period, there are liabilities of the estate or trust, except current or future periodic payments, including rent, salaries, utilities, or other recurring expenses, there shall be a schedule showing all of the following:
(1)CA Probate Code § 1063(g)(1) All liabilities which are a lien on estate or trust assets.
(2)CA Probate Code § 1063(g)(2) Taxes due but unpaid as shown on filed returns or assessments received subsequent to filing of returns.
(3)CA Probate Code § 1063(g)(3) All notes payable.
(4)CA Probate Code § 1063(g)(4) Any judgments for which the estate or trust is liable.
(5)CA Probate Code § 1063(g)(5) Any other material liability.
(h)CA Probate Code § 1063(h) If the guardian or conservator has knowledge of any real property of the conservatee or ward located in a foreign jurisdiction, the guardian or conservator shall include an additional schedule that identifies the real property, provides a good faith estimate of the fair market value of the real property, and states what action, if any, will or has been taken to preserve and protect the real property, including a recommendation whether an ancillary proceeding is necessary to preserve and protect the real property.

Section § 1064

Explanation

This law explains what needs to be included in a petition for approving an account related to an estate. The petition must detail all transactions, clarify any unusual items, and list any payments made to the fiduciary or their attorneys, unless already approved by a court. It must also disclose any family or affiliate connections between the fiduciary and agents they've hired. It's important to note whether all cash is properly invested except for the necessary amount to manage the estate. Filing an account implies a request for approval and can also include requests for other court orders, like compensation for the fiduciary and their attorney. The law defines 'family' as relationships by blood or marriage, and 'affiliate' as entities with control links to the fiduciary.

(a)CA Probate Code § 1064(a) The petition for approval of the account or a report accompanying the petition shall contain all of the following:
(1)CA Probate Code § 1064(a)(1) A description of all sales, purchases, changes in the form of assets, or other transactions occurring during the period of the account that are not otherwise readily understandable from the schedule.
(2)CA Probate Code § 1064(a)(2) An explanation of any unusual items appearing in the account.
(3)CA Probate Code § 1064(a)(3) A statement of all compensation paid from the assets subject to the account to the fiduciary or to the attorneys for the fiduciary other than pursuant to a prior court order.
(4)CA Probate Code § 1064(a)(4) A statement disclosing any family or affiliate relationship between the fiduciary and any agent hired by the fiduciary during the accounting period.
(5)CA Probate Code § 1064(a)(5) An allegation disclosing whether all of the cash has been invested and maintained in interest bearing accounts or in investments authorized by law or the governing instrument, except for an amount of cash that is reasonably necessary for the orderly administration of the estate.
(b)CA Probate Code § 1064(b) The filing of an account shall be deemed to include a petition requesting its approval, and may include additional petitions for authorization, instruction or confirmation authorized by the code, including, but not limited to, a request for an order for compensation of the fiduciary and the attorney for the fiduciary.
(c)CA Probate Code § 1064(c) For purposes of this section, “family” means a relationship created by blood or marriage. For purposes of this section, “affiliate” means an entity that directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with, the fiduciary.