Pennsylvania Release and Indemnification of Personal Representative by Heirs and Devisees

State:
Multi-State
Control #:
US-0634BG
Format:
Word; 
Rich Text
Instant download

Description

A receipt and a release by the heirs and devisees is a prudent devices for a personal representative to protect himself or herself from subsequent claims.
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FAQ

An executor needs to obtain the names and addresses of a decedent's heirs. He also needs to obtain a court-approved inventory form from the court in which the estate is being probated.

The probate process in Pennsylvania is really quite simple and fairly easy and isn't something that should induce any fear or apprehension. If a person dies in Pennsylvania owning any assets in their name, their estate will need to be probated. Whether you have a will or not, your estate must be probated.

If the executor has distributed the estate without the beneficiary having approved the accounts then they will be personally liable for any loss suffered by the beneficiary. However it is not always possible to get beneficiaries to agree to the proposed distributions.

Whether you are a beneficiary or an executor of an estate, you may be asking the question, does an executor have to show accounting to beneficiaries. The answer is that an executor does not have to show an accounting to the beneficiaries unless they ask for one.

You need to file a document with the Register of Wills called a Renunciation (Form 3). That basically means you are turning down the job of executor. The contingent executor named in the will takes over at this point.

What is a receipt and release? A Receipt and Release Agreement is the means by which a beneficiary of an estate may acknowledge receipt of the property to which he is entitled, and agree to release the executor from any further liability with respect thereto.

The release is a confirmation that you agree with their work and the accounting they have done on the estate to date. As an heir, you do have the right to receive an accounting of the executor's actions from the time they began administering the estate.

Some times beneficiaries want to see more detailed documents such as a Deceased's bank statement or pension documentation. Strictly speaking a beneficiary has no entitlement as of right to such documentation and it is your discretion as Executor whether or not to disclose it. The nature of the beneficiary's interest.

You can also disclaim an inheritance if you're the named beneficiary of a financial account or instrument, such as an individual retirement account (IRA), 401(k) or life insurance policy. Disclaiming means that you give up your rights to receive the inheritance.

A beneficiary of an estate or a trust has the right to review the actions of the executor or trustee by asking for an accounting. To be prudent, an executor or trustee should provide the beneficiary with updates on the status of the estate or trust.

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Pennsylvania Release and Indemnification of Personal Representative by Heirs and Devisees