Fill and Sign the Release and Indemnification of Personal Representative by Heirs and Devisees Form

Release and Indemnification of Personal Representative by Heirs and Devisees Agreement made __________________ (date), between __________________ (John Doe), of _____________________________________________ (street address, city, county, state, zip code), __________________ (Mary Smith), of _____________________________________________ (street address, city, county, state, zip code), and __________________ (William Smith), of _____________________________________________ (street address, city, county, state, zip code), being all the heirs and devisees of __________________ (Name of Decedent), deceased, hereinafter called the Decedent. For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned heirs and devisees agree as follows: 1. On __________________ (date), __________________ (Name of Personal Representative) was appointed personal representative of the Decedent, by ________________________ (name of court), to serve without bond. 2. The assets of the Estate of the Decedent are set forth in the Schedule of Assets attached to this instrument as Exhibit A and made a part hereof. 3. All claims against the Decedent or _______ (his/her) Estate have been paid and settled, and, to the best of our knowledge and belief, there is no outstanding claim against the Decedent or _______ (his/her) Estate. 4. The Estate of the Decedent is ready to be distributed to us and further administration would serve no useful purpose. 5. We agree that the personal representative should promptly distribute the remaining property of the Estate as shown on the attached schedule of assets to us in the following manner: _____________________________________________________________________________________________________________________________________________________________________________________________ (description of proposed distribution of property). 6. We severally accept the property distributed to us in full payment and satisfaction of our interest in the Estate, and release the personal representative and the Estate from all liability in
Connection therewith. 7. We waive all rights of recovery as against or in any way affected or caused by the personal representative, including, in particular: (a) claims arising out of any breach of the conditions of the appointment of the personal representative; (b) claims (contingently with the claims described in (b) above), for damages to or for the use of the estate or personal property by the personal representative or (his/her) estate; (c) claims of any kind, direct or indirect, against the personal representative arising out of any act or omission of the personal representative; (d) claims based upon breach of any term of the appointment of the personal representative; and except when the personal representative appointed a new personal representative, it would not be necessary to appoint another successor or assignee for breach of a condition of appointment. 8. We agree that the personal representative is discharged completely from any and all claims in or against the estate, and agrees not to prosecute any claim against the estate until the expiration of the time for recovery; provided, that we agree to appoint a successor or assignee at the expiration of three years from the date of the appointment of the personal representative and then to proceed against the estate in any state of suit on that successor or assignee only at an election in accordance with section 3(a). 9. Furthermore, we confirm that we are not the person whose estate it is, but are a beneficiary of an interest in the estate of the decedent. 10. Furthermore, we agree that the estate of the decedent is not in the shape, form, and location disclosed on the schedule of assets of the decedent in exhibit a, and it should be distributed in a way different from that shown in that exhibit. 11. Furthermore, we confirm that, on our own motion and without notice or reference to a third party, our successors in interest in the estate of the decedent, as well as the personal representatives of our successors in interest, are permitted to receive and hold as liquidated estate property or property which we shall determine, with the advice and consent of counsel, to be property of another or property of which we are the beneficial owner. 12. Furthermore, we do not have power to distribute any interest at law or in equity in the estate of the decedent. 13. Furthermore, we recognize that an execution of the schedule of assets and the terms of appointment of the personal representative are not a valid exercise of the fiduciary duties imposed by law, and further acknowledge that our own representation of the.