Interim Accounting

  1. Law
  2. Georgia Code
  3. Wills, Trusts, and Administration of Estates
  4. Trusts
  5. Accounting by Trustee
  6. Interim Accounting

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  1. At any time following 12 months from the date of acceptance of a trust, but not more frequently than once every 12 months, a trustee may petition the court to approve an interim accounting relieving the trustee from liability for the period covered by the interim accounting.
  2. The petition shall set forth:
    1. The name and address of the trustee;
    2. Any provisions of the trust relating to matters that will be covered by the interim accounting;
    3. The beneficiaries of the trust, specifying any beneficiary believed to be in need of a guardian ad litem;
    4. The period which the accounting covers;
    5. A statement of receipts and disbursements of the trust that have occurred since the trustee's acceptance of the trust or since the effective date of the last accounting;
    6. In a separate schedule, the principal on hand at the beginning of the accounting period and the status at that time of its investment; the investments received from the settlor and still held; additions to principal during the accounting period, with dates and sources of acquisition; investments collected, sold, or charged off during the accounting period, with the consequent loss or gain and whether credited to principal or income; investments made during the accounting period, with the date, source, and cost of each; deductions from the principal during the accounting period, with the date and purpose of each; and principal on hand at the end of the accounting period, how invested, and the estimated market value of each investment;
    7. In a separate schedule, the income on hand at the beginning of the accounting period and in what form held; income received during the accounting period, when, and from what source; income paid out during the accounting period, when, to whom, and for what purpose; and income on hand at the end of the accounting period and how invested;
    8. A statement of the assets and liabilities of the trust as of the end of the accounting period; and
    9. Other information reasonably necessary to explain or understand the accounting.
  3. The petition shall be served on the beneficiaries of the trust and the surety on the trustee's bond, if any.
  4. Upon review of the petition and after considering any objections thereto and any evidence presented, the court may approve the trustee's interim accounting or enter judgment granting appropriate relief. If no objection to the petition is filed within the time allowed by law after service, or if the parties consent, the petition may be approved without notice, hearing, or further proceedings. The final judgment of the court shall be binding on all parties.
  5. Costs and expenses, including reasonable attorney's fees of the trustee, shall be taxed against the trust, unless otherwise directed by the court.

(Code 1981, §53-12-230, enacted by Ga. L. 2010, p. 579, § 1/SB 131.)


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