Where an instrument described in section seven thousand seven hundred five of this article has been executed by all of the persons who would be necessary parties in a proceeding under section seven thousand seven hundred one of this article, none of whom is under the disability of infancy or incompetency, one or more of the trustees may present to the court a petition showing the names and post office addresses of all persons interested in the trust, whether or not the trust has been fully executed, that the petitioner has fully accounted and made full disclosure in writing of his administration of the trust to all persons interested, and praying that his intermediate or final account be judicially settled. There shall be filed with the petition the instrument described in section seven thousand seven hundred five of this article. The court may thereupon make an order settling the petitioner’s account and discharging the petitioner and sureties on his bond, if any, from any further liability to all persons interested therein.
§ 7706.Order on filing instrument settling account.
Article 77. Proceeding Relating to Express Trust · Last amended 1981 · Last verified July 21, 2026
In one sentenceCPLR 7706 lets a trustee who has fully accounted and disclosed the trust's administration to all interested persons petition the court, along with the recorded settlement instrument, for an order judicially settling the account and discharging the trustee and any sureties.
Full Text of CPLR 7706
Plain-English Summary
CPLR 7706 builds on the private settlement instrument authorized by CPLR 7705. When that instrument has been executed by everyone who would be a necessary party in a full special proceeding under CPLR 7701, and none of them labor under the disability of infancy or incompetency, one or more trustees can take the next step: presenting a petition to the court rather than litigating the accounting from scratch.
That petition has to show the names and post office addresses of everyone interested in the trust, whether the trust has been fully executed or not, and it has to state that the petitioner has fully accounted and made full written disclosure of the trust's administration to every interested person. The section 7705 instrument itself gets filed along with the petition. If the court is satisfied, it can issue an order settling the trustee's account and discharging the trustee, along with any sureties on the trustee's bond, from further liability to everyone interested in the trust.
Frequently Asked Questions
What does CPLR 7706 let a trustee do?
It lets a trustee who has fully accounted and disclosed the trust's administration to all interested persons petition the court for an order judicially settling the account, using the private settlement instrument authorized under CPLR 7705.
What must the petition under CPLR 7706 show?
The names and post office addresses of all persons interested in the trust, whether the trust has been fully executed, and that the petitioner has fully accounted and made full written disclosure to all interested persons.
What can the court order under CPLR 7706?
An order settling the petitioner's account and discharging the petitioner and any sureties on the trustee's bond from further liability to persons interested in the trust.
Does the CPLR 7705 instrument need to be filed with the CPLR 7706 petition?
Yes. The instrument described in CPLR 7705 must be filed along with the petition.
Who needs to have signed the settlement instrument before a trustee can use CPLR 7706?
Everyone who would be a necessary party in a full CPLR 7701 proceeding must have executed the instrument, and none of them can be under a disability of infancy or incompetency.
Amendment History
Add, L 1981, ch 199, § 2, eff June 9, 1981.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: petition to discharge trustee New Yorkjudicial settlement trust account orderdischarge trustee sureties