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Release and Exoneration of Executor on Distribution to Beneficiary of Will and Waiver of Citation of Final Settlement

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Multi-State
Control #:
US-03366BG
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Description Executor Release Form

Most states have a statute that requires something to the effect that upon the filing of an account for final settlement by the executor of the estate of a decedent, a citation is required to be filed containing a statement that such final account has been filed, the time and place when it will be considered by the court, and a statement requiring interested persons that are cited to appear and contest the same if they see proper.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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Executor Paperwork Other Form Names

Executor Of Estate Document   Release Of Executor Form   Sample Beneficiary Release Form   Beneficiary Release Form   Estate Executor   Executor Of An Estate   Estate Release Form  

Executor Of Estate Form FAQ

Beneficiaries often must sign off on the inheritance they receive to acknowledge receipt of the distribution. For example, if you inherit a portion of real estate from the decedent, you must sign a deed accepting that real estate.

A Receipt, Release, Refunding and Indemnification Agreement is a probate tool that allows the executor to distribute estate funds to a beneficiary with the promise from the beneficiary to return the funds if it later turns out they were distributed in error.

In regard to the question posed, the short answer is: No, all of the beneficiaries do not have to agree to the terms of the contract for a real estate contract to be legally binding.

Unfortunately, there is not much you can do if the person will not agree to settle or sell the home. There may be other legal tactics you can do, but generally, if the property must get sold (or you want to sell the home) and the other heirs do not, then a partition action may be your only option.

Under Probate Code section 16004.5, a Trustee cannot require a beneficiary to sign a release in exchange for making a distribution of Trust assets, provided that the Trust distribution is required to be made as stated in the Trust document.

Beneficiaries often must sign off on the inheritance they receive to acknowledge receipt of the distribution. For example, if you inherit a portion of real estate from the decedent, you must sign a deed accepting that real estate.

If there is a refusal to sign the final release, then the executor should seek a court order to approve the final accounting without release.

States vary, but the deadline is commonly within 30 or 60 days of the settlor's death. How long does a trustee have to notify beneficiaries? This is partially because creditors against the estate need time to become aware of the process and make any claims against the estate.

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Release and Exoneration of Executor on Distribution to Beneficiary of Will and Waiver of Citation of Final Settlement