Introductory comments about executor releases
Is it appropriate for an executor to ask beneficiaries to sign a
release and indemnity prior to receiving a distribution from an
estate? Although non-indemnified executors may face potential
personal liability for their work as estate trustees, the
beneficiaries of estates are not obligated to sign such releases
and indemnities which are presented to them before receiving any
distribution of their inheritance.1 Indeed, in the case
of charitable beneficiaries, agreeing to indemnify an executor may
even violate the directors' fiduciary duties to the
charity.
The main reason executors ask beneficiaries to sign a release
and indemnity before they undertake distributions of the
estate's assets is to receive legal confirmation of their work
and their estate accounting to date. Before making distributions,
an executor will typically conduct an estate accounting –
which may, in some cases, be subject to court assessment through
