What is Discharge & Surcharge?

What will be an ideal response?


Discharge: After the estate has been administered and the personal representative has performed all necessary duties, the personal representative petitions for discharge. Discharge releases the personal representative from all liability pertaining to the administration of the estate as long as those matters have been fully and fairly disclosed to all involved parties and to the clerk or court.

Surcharge: If the personal representative fails to properly administer the decedent’s estate, he or she may be liable to the beneficiaries or heirs for his or her mistakes. A surcharge is a remedy that may be assessed and is imposed against the personal representative to restore the estate’s losses as a result of the personal representative’s failure to act appropriately.

Legal Studies & Paralegal

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