Can I Force the Estate Executor to File an Accounting?

I am one of 11 beneficiaries in a will. The 11th beneficiary is also the executor. The ten of us feel that the accounting process is taking too long. Our aunt passed away in January of 05. How would we (or can we) petition the court to produce a final accounting?
-- Posted on the Forum by Dave

(Attorney Peter Bernardin posted the following response.) Unfortunately, this happens more than you might expect - in fact, January of '05 will not even raise an eyebrow in the court. That said, the beneficiaries of the estate have the absolute right to an Accounting. If the Executor will not voluntarily prepare and file the Account, there's a specific procedure/form that the Probate Court has in place to force the Account.

You need to complete a Probate Court form CJP 68 (available at the court and on line - try the Plymouth County website http://www.pcpfc.com/ - you will have to delete "plymouth" County and add the appropriate county).

Read through the form carefully as you will have to complete some sentences and strike phrases. Once completed, file with the Court. The Court will send the Executor an order to file the Account by a certain date. If the Executor does not comply, then you can file another form to request sanctions. At that point the court would also entertain a motion to remove the Executor from office.

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