The final account distributes all remaining assets of the minor. The guardianship account must show a zero balance on hand.
When the minor has reached eighteen (18) years of age, all assets must be distributed to the minor. The commissioner will also require that the minor execute an affidavit of receipt of the assets as set forth below.
Former Minor’s Affidavit
The commissioner requires that, upon final distribution of the assets of a guardianship to the former minor who has achieved the age of majority, the beneficiary must execute an Affidavit before a notary public. The Affidavit is verification that the former minor has turned 18 years of age and has received the funds that the guardian oversaw. The guardian must file this form with any final account. The form is provided on this website.
Since a final account needs to show a zero balance, most fiduciaries question how the final filing fee can be paid to the commissioner. The fiduciary should calculate the final account filing fee using the Commissioner’s Fee Schedule provided on this website. If you are uncertain about calculating the filing fee, call the commissioner’s office for further direction. Once determined, there are several ways to pay the fee:
- Prepay the filing fee and report the payment as a disbursement on the account. Please include “prepayment of final account” on the memo of your check.
- Advance the filing fee to your attorney’s escrow account. Your attorney can pay the fee from his account when the final account is filed.
- Advance the filing fee to your personal account. You may then pay the fee from your personal account when the final account is filed.
- Pay the filing fee from the guardianship account when you file the final account and submit the zero bank statement once the check clears. Please include a statement in your cover letter that a copy of the bank statement will be forthcoming. Your account will not be approved until the statement is provided.