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Accounting Form. This is a Oregon form and can be use in Uniform Trial Court Statewide.
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Tags: Accounting, 9.160, Oregon Statewide, Uniform Trial Court
[NOTE: This form illustrates the accounting format required by UTCR 9.160. Each accounting
must also comply with all other applicable statutes and court rules. An accounting filed in the
court need not include check boxes, instructions in the form shown in bracketed italics, and
portions of the form inapplicable to the individual accounting.]
IN THE CIRCUIT COURT OF THE STATE OF OREGON
For the County of ______________
[Probate Department]
In the Matter of the [Mark one]
“ Conservatorship “ Estate of
,
“ Protected Person “ Deceased
)
)
)
)
)
)
)
Case no.
[TITLE] ACCOUNTING
[The title must distinguish the accounting
from all prior accountings by annual
accounting number, time period, or
“FINAL”.]
The “ conservator “ personal representative (“the Fiduciary”) presents this [Title] _______
Accounting, covering the period from ____________, 20___ through _______________, 20___ (“the
accounting period”).
1.
Bonding and Asset Restrictions. [Mark (a) or (b).]
(a) “
No bond is required because ____________. [If the bond was waived by court order, so
state and show date of the order. If the bond is waived by statute or rule, so state and
identify the statute or rule.]
(b) “
The current amount of the total bond, including riders, is $______________.
[Complete the following information for interim (annual) accounts only.]
Value of the assets on last date of this accounting period
Plus: estimated income for next accounting period
Total assets and income
Less: value of restricted assets and income
(Orders restricting assets or income are dated
_____________)
Unrestricted assets and income requiring bond or new restrictions
$________
$________
$________
$________
$
Page ___ - Form 9.160 – [TITLE] ACCOUNTING – UTCR 9.160
(Revised 8-1-05)
UTCR App. Page 26
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(c) The Fiduciary requests the following changes in the amount of the existing bond or in restrictions
on assets or income. [Check all that apply.]
“
“
“
“
“
None.
Reduce the bond to $____________.
Increase the bond to $_____________.
Restrict the following assets: _________________________________.
Remove the restrictions from the following assets: _____________________.
(d) [If appropriate, explain the Fiduciary’s request for the bond and restrictions.]
2.
Asset Schedule. The following [or Exhibit 1 hereto] is a complete and accurate statement of
all assets owned by the estate or conservatorship at any time during the accounting period and the
Fiduciary’s estimate of the value of each asset: [If preferred, attach an exhibit using the following
format.]
Description of Asset*
Beginning
Value
Value of LaterAcquired Asset
Value at
Disposition
Current
(Ending) Value
TOTALS
* [For assets restricted by court order, include the date and title of the order. For any asset acquired
or disposed of during the accounting period, include the date of acquisition or disposal. For a
depository (an account into which funds are received or from which funds are disbursed) include
the separate paragraph or exhibit with the statement of receipts and disbursements.]
Page ___ - Form 9.160 – [TITLE] ACCOUNTING – UTCR 9.160
(Revised 8-1-05)
UTCR App. Page 27
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3.
Receipts and disbursements. The following [or Exhibits ___ to ___ hereto] are complete
and accurate schedules of funds received in and disbursed from each depository account of the
estate or conservatorship during the accounting period. [If preferred, attach exhibits using the
following format.]
(a)
[State name of depository and account number.]
Date
Source of Receipt
OPENING BALANCE
Explanation
Amount
TOTAL RECEIPTS
TOTAL RECEIPTS PLUS (+) OPENING BALANCE
Date
Check #
Payee
Explanation
Amount
TOTAL DISBURSEMENTS
ENDING BALANCE (Total Receipts, Plus (+) Opening Balance, Minus (-) Total Disbursements)
TOTAL DISBURSEMENTS PLUS (+) ENDING BALANCE
[Reconcile any difference between the accounting ending balance for the depository account and the
ending balance shown on any ending depository statement filed with this accounting.]
(b)
[Add a separate subparagraph or exhibit for each additional depository account.]
4.
Vouchers and Depository Statements. [Vouchers are documents evidencing each
disbursement and showing the name of the payee, date, and amount. Depository statements are
statements from banks, brokerage firms, insurance companies, and similar entities with which estate
assets are deposited showing the balance in the depository account at the beginning and end of the
accounting period. If vouchers and depository statements are filed with the account, skip to (c).
Otherwise mark (a) or (b).]
(a)
“
The filing of vouchers and depository statements was waived [Mark one.]
“
By court order herein dated _________________.
“
By the following statute or court rule: __________________.
Page ___ - Form 9.160 – [TITLE] ACCOUNTING – UTCR 9.160
(Revised 8-1-05)
UTCR App. Page 28
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(b)
“
The Fiduciary requests that the Court waive the requirement of filing vouchers and
depository statements for this accounting. The vouchers and depository statements
are located at the following address: ________________________. The vouchers
and depository statements will be available for examination by interested persons at
that location until one year after the approval of the final accounting herein.
(c)
“
The Fiduciary requests that vouchers and depository statements filed with this
accounting be returned. A self-addressed envelope with adequate postage for return
of the documents is attached to the vouchers.
5.
Narrative Description of Changes during the Accounting Period. During the accounting
period the following changes in the assets or financial circumstances occurred: [Describe all changes
not clearly disclosed in the Asset Schedule, including, without limitation, corrections to previously
declared values, omitted assets, the closing of an account, the sale or purchase of an asset, a
significant change in living expenses, or a stock split.]
(a)
[Use as many subparagraphs as necessary to separately describe each change.]
(b)
6.
Fiduciary Disclosures. [Disclose and explain every transaction if the transaction was any
of the following: (a) A gift. (b) A transaction with a person or entity with whom the Fiduciary has a
relationship which could compromise or otherwise affect decisions made by the Fiduciary. The
disclosure shall include, but is not limited to, payment for goods, services, rent, reimbursement of
expenses, and any other like transactions. (c) A payment for goods or services provided by a person
not engaged in an established business of providing similar goods or services to the general public.
(d) A payment for goods or services at a rate higher than that ordinarily charged to the general
public.]
(a)
[Use as many subparagraphs as necessary to separately describe each transaction.]
(b)
7.
Fees. [Insert any information regarding requests for Fiduciary or attorney fees and costs.]
8.
Notice. [Insert any required information addressing the Fiduciary’s notice requirements.]
Page ___ - Form 9.160 – [TITLE] ACCOUNTING – UTCR 9.160
(Revised 8-1-05)
UTCR App. Page 29
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9.
Other Matters. [Add as many additional paragraphs as may be needed to justify requests
for court orders included in the prayer of the accounting and to comply with requirements applicable
to the particular accounting, such as the representations concerning tax filings required by ORS
116.083(3)(a) in a final account for a decedent’s estate. If necessary, add an appropriate indication
of relief requested to the title of the accounting. It is the responsibility of the Fiduciary and the
attorney for the Fiduciary to identify and comply with all requirements imposed by statue, rule, or court
order.]
WHEREFORE the Fiduciary prays for an order:
1.
Approving this accounting. [If applicable. Generally annual accounts in decedent’s
estates will not be approved by the Court until the final account is approved.]
2.
Setting the amount of the bond at $______________. [Include this provision only if
a change of the bond amount is requested in Paragraph 1.]
3.
Changing the asset restrictions as follows: ______________. [Include this provision
only if a change of the asset restrictions is requested in Paragraph 1.]
4.
Directing the payment of $_________ as reasonable Fiduciary’s fee and $________
as reasonable attorney fees incurred by the Fiduciary. [If applicable.]
5.
[Set forth any additional relief requested.]
I hereby declare that the above statement is true to the best of my knowledge and belief, and
that I understand it is made for use as evidence in court and is subject to penalty for perjury.
Dated _________________, 20___
[Print name of Fiduciary signing above]
[Mark one:] “ Conservator “ Personal representative
Page ___ - Form 9.160 – [TITLE] ACCOUNTING – UTCR 9.160
(Revised 8-1-05)
UTCR App. Page 30
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