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Committee Substitute House Bill 2768 History

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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE

FOR

H. B. 2768

(By Mr. Speaker, Mr. Kiss, and Delegates Staton and Keener)


(Originating in the Committee on the Judiciary)


[April 4, 2001]


A BILL to amend and reenact sections seven and thirty-five, article eleven, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section eighteen, article one, chapter thirty-six of said code; to amend and reenact section three, article six, chapter forty-two of said code; to amend article one, chapter forty-four of said code, by adding thereto a new section, designated section thirteen-a; to amend and reenact section fourteen, article one of said chapter; to amend and reenact sections one and twenty-nine, article two of said chapter; and to amend and reenact section four-a, article three-a of said chapter, all relating to the administration of estates and trusts; providing for certain nonprobate inventories of estates and penalties for noncompliance; providing for the privacy of certain information from the public; providing for the administration of certain debts of beneficiaries and spendthrift trusts; providing for the timing of disclaimers and delivery; providing for the certain appraisal of real estate and personal property; providing for certain proceedings and references of decedents' estates; setting forth certain requirements for waiver of a final settlement; and providing for certain optional procedures for short form settlements against estates of decedents.

Be it enacted by the Legislature of West Virginia:
That sections seven and thirty-five, article eleven, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section eighteen, article one, chapter thirty-six of said code be amended and reenacted; that section three, article six, chapter forty-two of said code be amended and reenacted; that article one, chapter forty-four of said code be amended and reenacted by adding thereto a new section, designated section thirteen-a; that section fourteen, article one, chapter forty-four of said code be amended and reenacted; that sections one and twenty-nine, article two of said chapter be amended and reenacted; and that section four-a, article three-a of said chapter be amended and reenacted, all to read as follows:
CHAPTER 11. TAXATION.

ARTICLE 11. ESTATE TAXES.
§11-11-7. Nonprobate inventory of estates; penalties.
(a) The personal representative of every resident decedent who owned or had an interest in any nonprobate personal property, and the personal representative of every nonresident decedent who owned or had an interest in any nonprobate personal property which is a part of the taxable estate located in West Virginia, shall, under oath, list and appraise on a nonprobate inventory form designed and formulated by the tax commissioner of the State of West Virginia, all tangible and intangible nonprobate personal property owned by the decedent or in which the decedent had an interest at its fair market value on the date of the decedent's death. The nonprobate personal property to be included on this nonprobate inventory form includes, but is not limited to, the following:
(1) Personalty held as joint tenants with right of survivorship with one or more third parties;
(2) Personalty payable on the death of the decedent to one or more third parties;
(3) Personalty held by the decedent as a life tenant;
(4) Insurance on the decedent's life payable to beneficiaries other than the executor or administrator of the decedent's estate;
(5) Powers of appointment;
(6) Annuities;
(7) Transfers during the decedent's life in which any beneficial interest passes by trust or otherwise to another person by reason of the death of the decedent;
(8) Revocable transfers in trust or otherwise;
(9) Taxable gifts under Section 2503 of the United States Internal Revenue Code of 1986, as amended or renumbered, or in successor provisions of the laws of the United States; and
(10) All other nonprobate personalty included in the Federal gross estate of the decedent.
(b) For purposes of this section, the term "nonprobate personal property" means all property which does not pass by operation of the decedent's will or by the laws of intestate descent and distribution or is otherwise not subject to administration in a decedent's estate at common law.
(c) The personal representative shall execute and sign the nonprobate inventory form and file it with the tax commissioner within ninety days of the date of qualification of the personal representative in West Virginia.
(d) Any personal representative who fails to comply with the provisions of this section, without reasonable cause, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than five hundred dollars.

§11-11-35. Privacy of information.

(a) Notwithstanding the provisions of article ten of this chapter to the contrary, the tax return of an estate shall be open to inspection by or disclosure to:
(1) The personal representative of the estate;
(2) Any heir at law,
next of kin or beneficiary under the will of the decedent, but only if the tax commissioner finds that this heir at law, next of kin or beneficiary has a material interest which will be affected by information contained in the return ; or
(3) The attorney for the estate or its personal representative or the attorney-in-fact duly authorized by any of the persons described in subdivision (1) or (2).
(b) Notwithstanding the provisions of article ten of this chapter to the contrary, the personal representative of the decedent shall make the nonprobate inventory form of an estate available for inspection by or disclosure to:
(1) The personal representative of the estate;
(2) Any heir at law, beneficiary under the will of the decedent, a creditor who has duly filed a claim against the estate of the decedent with the fiduciary commissioner or fiduciary supervisor, or any party who has filed a civil action in any court of competent jurisdiction which concerns or involves any asset or assets of the decedent; or
(3) The attorney for the estate or its personal representative of the attorney-in-fact duly authorized by any of the persons described in subdivision (1) or (2).
CHAPTER 36. ESTATES AND PROPERTY.

ARTICLE 1. CREATION OF ESTATES GENERALLY.
§36-1-18. Trust estates; debts of beneficiaries; spendthrift trusts; nonmerger of trusts.

(a) Estates of every kind in real or personal property, holden or possessed in trust, shall be subject to the debts and charges of the persons to whose use or for whose benefit they are holden or possessed, as they would be if those persons owned the like interest in the things holden or possessed, as in the uses or trusts thereof; but where the creator of the a trust at any time created has expressly so provided in the instrument or conveyance creating the trust, real or personal property may be held in trust upon condition that the income therefrom, and principal thereof, or both, shall be applied by the trustee to the health, education, support and or maintenance of a beneficiary or beneficiaries of the trust in being at the time of the creation of the trust, other than the creator of the trust, for the life of such beneficiary or beneficiaries, without being subject to the liabilities of, or alienation by, such beneficiary or beneficiaries: Provided, That no trust, whenever executed or created, may be deemed to be invalid or terminated, and title to trust assets may not be merged, merely because a creditor asserts that the trustee or trustees are the same person or persons as the beneficiaries of the trust.
(b) This section applies to any trust establish under an instrument executed on or after the effective date of this section, as amended, except as otherwise expressly provided in terms of the trust.
(c) With respect to any trust established under an instrument executed prior to the effective date of this section, as amended, this section applies if the trustee elects, in the trustee's sole discretion, to administer the trust under this section, as amended.
(d) Nothing in this section is intended to create or imply a duty upon the trustee to apply this section. A trustee is not liable for not considering whether to administer the trust according to this section.
CHAPTER 42. DESCENT AND DISTRIBUTION.

ARTICLE 6. UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT.
§42-6-3. Time of disclaimer; delivery.
(a) Except as provided in subsection (c) of this section, if the property or interest has devolved to the disclaimant under a testamentary instrument or by the laws of intestacy, the disclaimer shall be delivered, as to a present interest, not later than
six nine months after the death of the deceased owner or deceased donee of a power of appointment and, as to a future interest, not later than six nine months after the event determining that the taker of the property or interest has become finally ascertained and his interest is indefeasibly vested. The disclaimer shall be delivered in person or mailed by registered or certified mail to any personal representative, or other fiduciary, of the decedent or the donee of the power, to the holder of the legal title to which the interest relates or to the person entitled to the property or interest in the event of disclaimer. A fully executed and acknowledged copy of the disclaimer shall be filed and recorded with the probate documents in the office of the clerk of the county commission of the county in which proceedings for the administration of the estate of the deceased owner or deceased donee of the power have been commenced.
(b) Except as provided in subsection (c), if the property or interest has devolved to the disclaimant under a nontestamentary instrument or contract, the disclaimer shall be delivered as to a present interest, not later than
six nine months after the effective date of the nontestamentary instrument or contract and, as to a future interest, not later than six nine months after the event determining that the taker of the property or interest has become finally ascertained and his interest indefeasibly vested. If the person entitled to disclaim does not have actual knowledge of the existence of the interest, the disclaimer shall be delivered not later than six nine months after he has actual knowledge of the existence of the interest. The effective date of a revocable instrument or contract is the date on which the maker no longer has power to revoke it or to transfer to himself or another the entire legal and equitable ownership of the interest. The disclaimer shall be delivered in person or mailed by registered or certified mail to the person who has legal title to or possession of the interest disclaimed.
(c) In any case, as to a transfer creating an interest in the disclaimant made after the thirty-first day of December, one thousand nine hundred seventy-six, and subject to tax under chapters eleven, twelve or thirteen of the Internal Revenue Code of 1954, as amended, a disclaimer intended as a qualified disclaimer thereunder must specifically so state and must be delivered not later than nine months after the later of the date the transfer is made or the day on which the person disclaiming attains age twenty- one.
(d) A surviving joint tenant may disclaim as a separate interest any property or interest therein devolving to him by right of survivorship. A surviving joint tenant may disclaim the entire interest in any property or interest therein that is the subject of a joint tenancy devolving to him, if the joint tenancy was created by act of a deceased joint tenant and the survivor did not join in creating the joint tenancy.
(e) If real property or an interest therein is disclaimed, in addition to recording the disclaimer in the county wherein administration is had or commenced, a fully executed and acknowledged copy of the disclaimer shall be recorded in the deed books in the office of the clerk of the county commission of the county in which the property or interest disclaimed is located.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.

ARTICLE 1. PERSONAL REPRESENTATIVES.
§44-1-13a. Notice of administration; filing of objections and
claims.

(a) The clerk of the county commission shall promptly publish a notice of administration of the estate. The notice shall contain the name of the decedent, the file number of the estate, if any, the designation and address of the Commission in which the proceedings are pending, the name and address of the personal representative, the name and address of the personal representative's attorney, if any, the name and address of the fiduciary commissioner, if any, and state the date of first publication. The notice shall require all interested persons to file with the court:
(1) All claims against the estate pursuant to the provisions set forth in article two of this chapter.
(2) Any objection by an interested person on whom notice was served that challenges the validity of the will, the qualifications of the personal representative, venue, or jurisdiction of the court within the later of three months after the date of the first publication of the notice for thirty days after the date of the Commission's service of a copy of the notice on the objecting person.
(b) Publication shall be a Class II legal ad as described by section two, article three, chapter fifty-nine of this code.
(c) The personal representative shall serve a copy of the notice on the following persons who are known to the personal representative:
(1) The decedent's surviving spouse;
(2) Beneficiaries; and
(3) The trustee of any trust of which the decedent was a grantor.
(d)(1) The personal representative shall promptly make a diligent search to determine the names and addresses of creditors of the decedent who are reasonably ascertainable and shall serve on those creditors a copy of the notice within three months after the first publication of the notice. Impracticable and extended searches are not required. Service is not required on any creditor who has already filed a claim as provided in this article; a creditor whose claim has been paid in full; or a creditor whose claim is listed in a personal representative's timely proof of claim if the personal representative notified the creditor of that listing.
(2) The personal representative is not individually liable to any person for giving notice under this section, regardless of whether it is later determined that such notice was not required by this section. The service of notice in accordance with this subsection shall not be construed as admitting the validity or enforceability of a claim.
(3) If the personal representative in good faith fails to give notice required by this subsection, the personal representative is not liable to any person for the failure. Liability, if any, for the failure in such a case is on the estate.
(e) Objections under subsection thirteen-a(a)(2), by persons on whom notice was served, that are not filed within the later of three months after the date of first publication of the notice or thirty days after the date of service of a copy of the notice on the objecting person are forever barred.
§44-1-14. Appraisement of real estate and probate personal property of decedents; disposition; and hiring of experts.

The real and personal estate of every deceased person, or in which such deceased person had an interest at the time of his or her death, shall be appraised by the personal representative of such deceased person. Such personal representative, after first taking an oath for the purpose, shall list and appraise at its real and actual value all the real estate and all the tangible property of every description owned by the deceased at the time of his or her death, including, but not limited to, all real estate and tangible property in which the decedent had an interest as joint tenant or otherwise or in which any beneficial interest passes to another person by reason of the death of such decedent whose estate is being so appraised and irrespective of whether such real estate or tangible property is subject to administration and located in each county or the counties, as the case may be. The personal representative shall also list and appraise at its real and actual value all of the decedent's intangible property of every description, including moneys, credits, investments, annuities, life insurance policies, (irrespective of whether such policies are payable to named beneficiaries or in trust or otherwise), judgments and decrees for moneys, notes, bonds, accounts and all other evidences of debt, whether owing to him or her by persons or corporations in or out of the state, and the number and value, including both the par value, if any, and the actual value, of any shares of capital stock owned by the decedent in any corporation, and every other item of intangible property of whatsoever nature or kind, including all intangible property in which the decedent had an interest as joint tenant or otherwise or in which any beneficial interest passes to another by reason of the death of such decedent, and irrespective of whether such intangible property is subject to administration and whether located in this state or elsewhere.
(a) The personal representative of a deceased person shall appraise the deceased person's real estate and personal probate property, or any real estate or personal probate property the deceased person had an interest in at the time of his or her death in the manner of appraisement provided by this section.
(b)(1) The personal representative, after first taking an oath for the purpose, shall list and appraise on a form designed and formulated by the tax commissioner of the State of West Virginia at its fair market value at the date of the decedent's death all of the following items owned by the decedent or in which the decedent had an interest:
(A) All real estate including, but not limited to, real estate owned outright by the decedent, as joint tenant with right of survivorship with one or more third parties, as a life estate, subject to a power of appointment of the decedent, or in which any beneficial interest passes by trust or otherwise to another person by reason of the death of the decedent; and
(B) All probate personal property of every description, whether tangible or intangible, including but not limited to stocks and bonds, bank accounts, mortgages, notes, and cash, life insurance payable to the executor or administrator of the decedent's estate, and all other miscellaneous items of probate personalty.
(2) Any real estate or interest therein so appraised shall be identified with particularity and description, shall identify the source of title in the decedent and the location of such realty for purposes of real property ad valorem taxation.
(3) For purposes of this section, the term "probate personal property" means all such property which passes by or under the decedent's will or by the laws of intestate descent and distribution or is otherwise subject to administration in a decedent's estate as at common law.
(4) In addition, to all other information required by law, the appraisement shall contain and include a questionnaire designed and formulated by the tax commissioner which is designed for the purpose of examining the personal representative to determine that he or she has made a thorough and proper search and investigation as to the existence and value of each and every kind and species of property required to be included within, and subject to appraisement by, the provisions of this or any other section of this code, which said questionnaire shall be completed and answered upon the oath or adjuration of the personal representative or fiduciary. In addition, the personal representative shall complete, under oath or adjuration, a questionnaire included in the appraisement designed by the tax commissioner of the State of West Virginia for the purpose of reporting to the tax commissioner whether or not the estate of the decedent is subject to West Virginia estate tax as provided in article eleven of chapter eleven of this code and whether or not the decedent owned or had an interest in any nonprobate personal property.
(5) The appraisement list and questionnaire aforesaid shall be executed and signed by the personal representative. The original appraisement list and questionnaire and two copies thereof must shall be returned to the clerk of the county commission by whom such personal representative was appointed or to the fiduciary supervisor within ninety days of the date of qualification of the personal representative. Such clerk or supervisor shall inspect such appraisement list and questionnaire and shall see that the same are in proper form. and that all property, if any, suggested by the questionnaire is included within the appraisement. If such appraisement list and questionnaire are returned to a fiduciary supervisor within ten days after they are received and approved by him or her, such supervisor shall deliver the same to the clerk of the county commission. Upon receipt of the appraisement list and questionnaire, the clerk of the county commission shall record the same, with the certificate of approval of the supervisor, and mail a certified copy of the same to the tax commissioner of West Virginia, and mail a copy of the same to every heir or beneficiary, as the case may be, of the estate of such decedent for which the clerk shall charge the appropriate mailing fee. The date of return of an appraisement shall be entered by the clerk of the county commission in his or her record of fiduciaries.
(c) The Every such appraisement and list shall be prima facie evidence of the value of the property embraced therein, and that the personal estate property embraced therein which is subject to administration and came to the hands of the personal representative.
(d) No person shall be permitted by any means whatsoever to avoid the appraisement and listing of his or her estate and of all property, real, tangible and intangible, of whatsoever nature and kind, in which a beneficial interest passes to another by reason of the death of the decedent and irrespective of whether such property is subject to administration as herein provided, nor shall his or her personal representative be permitted to do so. Any personal representative who refuses or declines, without reasonable cause, to comply with the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than twenty-five dollars nor more than five hundred dollars.
(e) Every personal representative shall have authority to retain or hire the services of such expert or experts as may be deemed appropriate to assist and advise him or her in and about his or her duties in appropriately and accurately appraising all or any part of the assets or property to be appraised according to the provisions of this section. Such expert or experts so retained or hired shall be compensated a reasonable sum by the personal representative from the assets coming into his or her hands or of which he or she is embraced, which compensation and the reasonableness thereof shall be subject to review and approval by the county commission, upon recommendation of the fiduciary supervisor.
(f) Except as specifically provided in subsection (b)(1)(A) of this section and in section seven, article eleven, chapter eleven of this code, the personal representative shall not otherwise be required to list and appraise nonprobate real estate or nonprobate personal property of the decedent on the forms provided in this section and section seven-a, article eleven, chapter eleven of this code.
ARTICLE 2. PROOF AND ALLOWANCE OF CLAIMS AGAINST THE ESTATE OF DECEDENTS.

§44-2-1. Reference of decedents' estates; proceedings thereon.

(a) Upon the return of the appraisement by the personal representative to the county clerk, the estate of his or her decedent shall, by order of the county commission to be then made, be referred to a fiduciary commissioner for proof and determination of debts and claims, establishment of their priority, determination of the amount of the respective shares of the legatees and distributees, and any other matter necessary and proper for the settlement of the estate: Provided, That in counties where there are two or more such commissioners, the estates of decedents shall be referred to such commissioners in rotation, in order that, so far as possible, there may be an equal division of the work. Notwithstanding any other provision of this code to the contrary, a fiduciary commissioner may not charge to the estate a fee greater than three hundred dollars and expenses for the settlement of an estate, except upon: (i) Approval of the personal representative; or (ii) a determination by the county commission after a hearing that complicating issues or problems attendant to such settlement substantiate the allowance of a greater fee.
(b) If the personal representative delivers to the clerk an appraisement of the assets of the estate showing their value to be
fifty thousand one hundred thousand dollars or less, exclusive of real estate specifically devised and nonprobate assets, or, if it appears to the clerk that there is only one beneficiary of the probate estate and that the beneficiary is competent at law, the clerk shall record the appraisement and publish a notice once a week for two successive weeks in a newspaper of general circulation within the county of administration of the estate, substantially as follows:
NOTICE OF PENDING OR UNADMINISTERED ESTATE

NOTICE TO CREDITORS AND BENEFICIARIES

"Notice is hereby given that settlement of the estate of the following named decedents will proceed without reference to a fiduciary commissioner unless within
forty-five ninety days from the first publication of this notice such reference is requested by a party in interest or an unpaid creditor files a claim and good cause is shown to support reference to a fiduciary commissioner.
Dated this ______ day of ____________________________, _____.
____________________________________
Clerk of the County Commission of
___________ County, West Virginia."
The clerk shall charge to the personal representative, and receive, the reasonable cost of publication of the notice. If an unpaid creditor files a claim against the estate, the personal representative has twenty days after the date of the filing of a claim against the estate of the decedent to approve or reject the claim before the estate is referred to a fiduciary commissioner. If the personal representative approves all claims as filed, then no reference may be made.
The personal representative shall, within a reasonable time after the date of recordation of the appraisement in such case: (i) File a waiver of final settlement in accordance with the provisions of section twenty-nine of this article; or (ii) make a report to the clerk of his or her receipts, disbursements and distribution and submit an affidavit stating that all claims against the estate for expenses of administration, taxes and debts of the decedent have been paid in full.
Upon receipt of the waiver of final settlement or report, the clerk shall record the waiver or report and shall mail copies of the waiver or report to each beneficiary and creditor of decedent's estate via U.S. Postal Service. The clerk shall hold said report for a ten day period to allow any beneficiary or creditor to appear before the county commission or through its clerk to request reference to a fiduciary commissioner. The clerk shall collect a fee of ten dollars for recording and mailing such waiver of final settlement or report. The clerk shall collect a fee of ten dollars for recording such report and affidavit and for publication of the notice hereafter provided, the fee to be in lieu of any other fee provided by law for recording a report of settlement of the accounts of a decedent's personal representative. At least once a month the clerk shall cause to be published once a week for two successive weeks in a newspaper of general circulation within the county of the administration of the estate, with regard to reports received in the prior month, a notice substantially as follows:
NOTICE OF FILING OF ESTATE ACCOUNTS

OR WAIVERS OF FINAL SETTLEMENT

"I have before me the account or waiver of final settlement of the executor(s) or administrator(s) of the estates of the following deceased persons:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Any person having a claim against the estate of any such deceased person, or who has any beneficial interest therein, may appear before me or the county commission at any time within thirty days after first publication of this notice, and request reference of said estate to a commissioner or object to confirmation of the accounting. In the absence of such request or objection, the accounting may be approved by the county commission.
___________________________________
Clerk of the County Commission
of _______________ County, W.Va."

If no such request or objection is made to the clerk or to the county commission, the county commission may confirm the report of the personal representative and thereupon the personal representative and his or her surety shall be discharged; but if such objection or request is made, the county commission may confirm the accounting and record the same or may refer the estate to one of its fiduciary commissioners: Provided, That the personal representative has twenty days after the date of the filing of a claim or claims against the estate of the decedent to approve or reject the claim before the estate is referred to a fiduciary commissioner and if all claims are approved as filed, then no reference may be made.
§44-2-29. Waiver of final settlement.
In all estates of decedents subject to administration under this article where a release of lien, if required by the provisions of article eleven, chapter eleven of this code, has been filed with the clerk and more than ninety days have elapsed since the filing of any notice required by the provisions of this article, even though such estate may have been referred to a fiduciary commissioner, a final settlement may be waived by a waiver containing an affidavit made by the personal representative, that the time for filing of claims has expired, that no known and unpaid claims exist against the estate, and that all beneficiaries have each been advised of the share or shares to which each is entitled from the estate.
and signed by every beneficiary Every beneficiary shall sign the waiver unless the beneficiary receives a bequest of tangible personal property or a bequest of cash.
In the case of a deceased beneficiary or a beneficiary under a disability, the duly qualified fiduciary or agent of such beneficiary may sign in lieu of such beneficiary. A fiduciary or agent signing such waiver shall be responsible to the beneficiary for any loss resulting from such waiver.
The waiver shall be recorded as in the case of and in lieu of a settlement as provided in section one, article two of this chapter.
ARTICLE 3A. OPTIONAL PROCEDURE FOR PROOF AND ALLOWANCE OF CLAIMS
AGAINST ESTATES OF DECEDENTS; COUNTY OPTION.
§44-3A-4a. Short form settlement.

(a) In all estates of decedents administered under the provisions of this article where more than ninety days has elapsed since the filing of any notice required by section four, an estate may be closed by a short form settlement filed in compliance with this section: Provided, That any lien for payment of estate taxes under article eleven, chapter eleven of this code is released and that the release is filed with the clerk.
(b) The fiduciary may file with the fiduciary supervisor a proposed short form settlement which shall contain an affidavit made by the fiduciary that the time for filing claims has expired, that no known and unpaid claims exist against the estate and showing the allocation to which each distributee and beneficiary is entitled in the distribution of the estate and contain a representation that the property to which each distributee or beneficiary is entitled has been or upon approval of the settlement will be delivered thereto, or that each distributee and beneficiary has agreed to a different allocation. The application shall contain a waiver signed by each distributee and beneficiary;
Provided, That a beneficiary receiving a bequest of tangible personal property or a specific bequest of cash shall not be required to sign the waiver.
(c) Such waiver may be signed in the case of a distributee or beneficiary under a disability by the duly qualified personal representative of such distributee or beneficiary. A personal representative signing such waiver shall be responsible to his or her cestui que trust for any loss resulting from such waiver.
(d) The fiduciary supervisor shall examine the affidavit and waiver and determine that the allocation to the distributees and beneficiaries set forth in the affidavit is correct and all proper parties signed the waiver, both shall be recorded as in the case of and in lieu of settlement. If the fiduciary supervisor identifies any error the fiduciary supervisor shall within five days of the filing of such settlement give the fiduciary notice as in the case of any other incorrect settlement.
(e) If the short form settlement is proper the fiduciary supervisor shall proceed as in the case of any other settlement.
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