CHAPTER 3
 
ACCOUNTS, AUDITS AND DISTRIBUTION
 

 
 
 
 

D.

Distribution
     
   
1.

Schedule of Distribution

     
    The adjudication may direct the filing of a schedule of distribution. In addition, the accountant may elect to file a schedule.

The schedule of distribution specifies the nature and value of assets to be distributed to the various distributees. It is a supplement to the account and must begin with the amount awarded by the adjudication. It may contain a current valuation of assets as of the approximate date of distribution and should contain such a valuation where non pro rata distributions are contemplated. See paragraph 3 below. The schedule should also include any corrections to the account and additional items of receipt or disbursement. It is not appropriate to charge or include counsel fees and fiduciaries’ commissions on the schedule unless listed in the account or submitted to the Court at the audit.

Counsel for the accountant must certify that the schedule is correct and in conformity with the adjudication. If the schedule does not conform to the adjudication, counsel must point out the differences. The schedule must be submitted to the Auditing Judge within the period of time specified in adjudication, usually ninety (90) days. See Phila.O.C. Rule 6.11.
     
2.   Notice and Consents
     
    Consents to the schedule of distribution may be attached. In such case counsel must certify whether the schedule contains the consents of all the parties in interest affected by the filing and all other parties ordered by the Court to receive notice. Written notice of the filing must be given to all parties whose consents are not attached. The notice must state that a copy of the schedule is enclosed or will be sent upon request, and that any objections must be filed within twenty (20) days of the filing of the schedule. The notice must be mailed no later than the day the schedule is filed. Return of notice is by certification of counsel attached to the schedule that notice of the filing was given as required by the Phila.O.C. Rule 6.11.A. A copy of the notice letter and a list of the recipients must be attached to the schedule.
     
3.   Re-appraisement of Securities
     
    An equitable division of the estate assets almost always necessitates the re-appraisement of securities as of the date of actual distribution. The schedule may contain such a re-appraisement, and it should reflect any gain or loss in value since the filing of the account. The schedule should include only those assets included in the account or received as a result of any conversion of such assets subsequent to the accounting period.
     
4.   Unconverted Real Estate
     
    When unconverted real estate is awarded by adjudication and included in a schedule of distribution, the property must be described in the schedule in the same manner as is commonly required in a deed. This enables the Clerk to certify an excerpt from the schedule for recording purposes. See Chapter 9.A.
 

 


 
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