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This entry was published on 2014-09-22
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SECTION 2206
Compulsory account and related relief; proceedings thereupon 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 22
§ 2206. Compulsory account and related relief; proceedings thereupon

1. A petition to compel an account made pursuant to 2205 may request
multiple relief (a) pursuant to 711 and 719 to suspend and/or remove a
fiduciary who fails to appear on the return date of process or fails to
file an account within such time and in such manner as directed by the
court; (b) to appoint, immediately, an eligible person to succeed a
fiduciary whose letters have been suspended or revoked; and (c) to take
and state an account on behalf of a fiduciary who fails to account and
procure its settlement.

2. On the presentation of a petition made pursuant to 2205 or when so
directed by the court, process, including a summary statement of any
proposed stated account, shall issue to the fiduciary accordingly and on
the return thereof if the fiduciary fails to appear or to file an
account or to show good cause to the contrary or to present a petition
as prescribed in 2208 the court may by order direct the fiduciary to
account within the time and in the manner directed by the court, to
cause process to issue requiring all persons necessary to be served
under 2210 to show cause why the account should not be judicially
settled, cause such process to be served upon such persons and that the
fiduciary attend before the court from time to time for the purpose of
the settlement of the account. In addition, the order may (a)
immediately suspend the letters of a fiduciary who fails to appear on
the return date of process or who fails to file an account within such
time and in such manner as directed by the court, (b) immediately
appoint an eligible person to succeed a fiduciary whose letters are
suspended, (c) schedule a hearing for the modification or revocation of
the letters of a fiduciary whose letters are suspended, and (d) schedule
a hearing to take and state an account on behalf of a fiduciary who
fails to file an account and procure its settlement. Such order shall
also direct the issuance of supplemental process to such persons
entitled to notice on an application to suspend, modify or revoke a
fiduciary's letters, to appoint a successor fiduciary or to settle a
fiduciary's account.

3. The pendency of a proceeding against a fiduciary to compel an
accounting does not preclude the fiduciary from presenting a petition as
prescribed in 2208. If such petition is presented on or before the
return of process as prescribed herein, process issued thereon need not
be directed to the petitioner who compelled the accounting, and the two
proceedings must be consolidated.

4. After hearing the proofs of the parties the court may take and
state the account and make such order or decree as justice shall
require, notwithstanding the failure or refusal of the fiduciary to file
such account and procure its settlement.