Legal Estate Discharge Form

LEGAL ESTATE DISCHARGE FORM

This Estate Discharge Form (the "Discharge") is executed on this day of , , by and between Personal Representative: of the Estate of , Probate/Docket No.: , whose address is (hereinafter "Personal Representative"), and Beneficiary/Claimant: , whose address is (hereinafter "Beneficiary").

RECITALS

WHEREAS, the Personal Representative is the duly appointed and acting Personal Representative, Executor or Administrator of the Estate named above, having the authority to collect, administer, and distribute estate assets pursuant to applicable probate proceedings;

WHEREAS, the Personal Representative has completed distribution of certain assets of the Estate and has provided or will provide an accounting and allocations to beneficiaries and creditors as required by law and as reflected in the Final Accounting described below;

WHEREAS, the Beneficiary represents that the Beneficiary has received the distributions set forth in the Final Accounting and wishes to release any claims against the Personal Representative and the Estate with respect to the matters addressed in this Discharge.

NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

For purposes of this Discharge, the following terms shall have the meanings set forth below: "Final Accounting" means the written accounting, dated , delivered by the Personal Representative to the Beneficiary, itemizing receipts, disbursements, distributions, fees and expenses of administration. "Released Claims" means the claims, demands, causes of action, liens and encumbrances described in Section 3 below.

2. DISCHARGE AND RELEASE

Upon execution of this Discharge by the Beneficiary, and subject to the terms herein, the Beneficiary hereby irrevocably and unconditionally releases, discharges and waives any and all claims, demands, liabilities, actions, causes of action, suits, debts, accounts, bonds, covenants, contracts, agreements, judgments, liens and encumbrances, whether known or unknown, suspected or unsuspected, against the Personal Representative and the Estate arising from or relating to the administration of the Estate through the Effective Date specified herein, except as expressly reserved in writing in Section 2.2.

2.1 Reserved Claims. The Beneficiary expressly reserves only the following claims (if any):

2.2 Scope of Discharge. This Discharge applies to claims arising from acts or omissions occurring prior to the Effective Date and does not operate as a release for any claim arising from fraud, willful misconduct, or acts taken in bad faith by the Personal Representative.

3. CONSIDERATION

The parties acknowledge and agree that the consideration for this Discharge consists of the distributions made to the Beneficiary as set forth in the Final Accounting and any other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Beneficiary.

4. REPRESENTATIONS AND WARRANTIES

4.1 Personal Representative's Representations. The Personal Representative represents and warrants that: (a) the Personal Representative is duly authorized to act on behalf of the Estate; (b) to the Personal Representative's knowledge, the distributions described in the Final Accounting were made in accordance with law and the terms of any governing instrument; and (c) no material information has been withheld from the Beneficiary regarding the matters addressed in this Discharge.

4.2 Beneficiary's Representations. The Beneficiary represents that the Beneficiary has reviewed the Final Accounting and received the distributions enumerated therein, except as expressly noted in reserved_claims, and that the Beneficiary has had the opportunity to seek independent advice prior to executing this Discharge.

5. ACCOUNTING; FINAL DISTRIBUTION

The Personal Representative shall furnish or has furnished the Beneficiary with the Final Accounting described above. The Beneficiary's execution of this Discharge constitutes acceptance of the Final Accounting for purposes of release as set forth herein, except for any Reserved Claims identified in Section 2.1.

Describe assets, distributions, or special handling (if applicable):

6. INDEMNIFICATION

The Beneficiary agrees to indemnify, defend and hold harmless the Personal Representative and the Estate from and against any costs, losses, liabilities or expenses, including reasonable attorneys' fees, arising from any claims by third parties to the extent that such claims relate to matters expressly reserved by the Beneficiary or to conduct by the Beneficiary subsequent to the Effective Date.

7. NOTICES

All notices required or permitted under this Discharge shall be in writing and delivered by hand, certified mail (return receipt requested), or nationally recognized overnight courier to the addresses set forth below or to such other address as a party may designate by notice in accordance with this Section.

8. GOVERNING LAW

This Discharge shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles.

9. ENTIRE AGREEMENT

This Discharge constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements, whether written or oral, relating to such subject matter.

10. SEVERABILITY

If any provision of this Discharge is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Discharge, and this Discharge shall be construed as if the invalid, illegal or unenforceable provision had not been contained herein.

11. AMENDMENT; WAIVER; COUNTERPARTS

This Discharge may be amended or modified only by a written instrument executed by both parties. No waiver of any provision shall be effective unless in writing signed by the party against whom enforcement is sought. This Discharge may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

12. CERTIFICATION OF AUTHORITY

Each signatory below certifies and warrants that such signatory has full authority to execute this Discharge on behalf of the party for whom the signatory signs and that no further approvals are required to bind such party.

Sign Now