As amended through June 11, 2024
Rule 9.160 - FORM OF ACCOUNTINGSAccountings substantially in the form provided at www.courts.oregon.gov/forms, as further explained in this rule, must be accepted by all judicial districts. Accountings in this format may be made mandatory by SLR. SLR 9.161 is reserved for purposes of making such format mandatory in the judicial district:
(1) Preliminary Information. The beginning of the accounting shall state:(a) The first and last date of the accounting period. For annual accountings, the last day of the accounting period shall be within 30 days of the anniversary of appointment.(b) If no bond is required, the date of the court order waiving the bond or a reference to the statute exempting the fiduciary from filing a bond. If a bond is required, the accounting shall state the current amount of the total bond. If a bond is required, an accounting shall also provide the following information. (i) The total value of the assets as of the last date of the current accounting period;(ii) The income estimated to be received during the next accounting period;(iii) Total assets and income (the sum of items (i) and (ii));(iv) The value of the total assets and income which have been restricted by court order and a reference to the dates of all orders restricting assets;(v) Unrestricted assets and income (the difference between (iii) and (iv), generally the amount which should be bonded);(vi) The fiduciary's request for any change in the amount of the existing bond or in restrictions on assets or income. (vii) If appropriate, an explanation for any difference between the amount of the requested bond and the amount that should be bonded.(2) Asset Schedule. There shall be a separate asset schedule with a summary of all property of the estate or conservatorship. All assets listed in the Inventory, any Amended or Supplemental Inventory, or the previous accounting and all assets subsequently acquired shall be listed in this schedule if they are owned at any time during the accounting period. (a) This schedule shall have at least five columns.(i) Description of Asset. The first column shall describe each asset owned by the estate or conservatorship at any time during the accounting period. The description of any asset that has been restricted pursuant to court order shall include the date and title of the order. The description of any asset acquired or disposed of during the accounting period shall include the date of acquisition or disposal. If an asset consists of a depository account into which funds are received or from which funds are disbursed, the description shall include a reference to any separate paragraph or exhibit containing the statement of receipts and disbursements for the depository account.(ii) Beginning Value. If the asset was owned by the estate or conservatorship at the beginning of the accounting period, the second column shall state the value of the asset at the beginning of the accounting period.(iii) Value of Later-Acquired Asset. If the asset was acquired after the beginning of the accounting period, the third column shall state the value at acquisition.(iv) Value at Disposition. If the asset was disposed of before the end of the accounting period, the fourth column shall state the value at disposition.(v) Current Value. If the asset is in existence at the end of the accounting period, the fifth column shall state the current value.(b) The sums of the second through fifth columns shall be provided at the bottoms of those columns.(c) The schedule may have additional information such as original cost, increase or decrease in value, the source of an acquisition or the reason for disposition of assets, and any other information which would aid in accounting for assets.(d) For the purpose of this schedule, total value of household goods and personal belongings may be listed on one line.(e) For the purpose of this schedule, the side margins may be one-half inch and font size may be no smaller than 10 point type.(f) A trust company acting as a fiduciary is exempt from the requirement to file an asset schedule as provided above. Instead, a trust company acting as a fiduciary may provide a schedule of assets in existence at the beginning of the accounting period and a schedule of assets in existence at the end of the accounting period.(3) Receipts and Disbursements. The accounting of receipts and disbursements shall meet the following requirements for each depository account: (a) For each account, receipts and disbursements shall be separately listed in chronological order, with the date and value of each transaction. For each account, the total of each list of receipts and disbursements shall be provided at the end of each list.(b) Each receipt into the account shall show the source and shall have a brief explanation of the source or purpose of the entry. The first entry in the list of receipts shall be the beginning balance for the account.(c) Each disbursement from the account shall show the payee or recipient and shall have a brief explanation of its purpose. If the disbursement is by check or similar instrument, the name on the disbursement shall match the payee on the instrument. The sum of the total disbursements plus the ending balance in the account shall be shown.(d) A sale of real property shall be evidenced by a copy of the seller's closing statement from escrow or, if none is available, third-party documentation of the details of the transaction.(e) Any transfers between depository accounts shall be so labeled with reference to the source or destination of the deposit or withdrawal.(f) Any difference between the closing balance shown for the account in the accounting and the closing balance shown for the account in a depository statement filed in accordance with these rules shall be reconciled.(g) For the purpose of this schedule, the side margins may be one-half inch and font size may be no smaller than 10 point type.(h) A trust company acting as a fiduciary is exempt from the requirements of UTCR 9.160(3)(a). Instead, a trust company acting as a fiduciary may provide a chronological list of receipts and disbursements, with a total for the amount of receipts and a total for the amount of disbursements.(4) Narrative. The accounting shall include a description of any changes in the assets of the estate or conservatorship or the financial life of the protected person not clearly shown in the Asset Schedule including, but not limited to, corrections to previously declared values, omitted assets, the closing of an account, the sale or purchase of an asset, a significant change in living expenses, or a stock split.(5) Other forms of accounting. In its discretion, the court may allow other forms of accounting.Or. Uni. Trial. Ct. R. 9.160