“Release and Refunding Bond” and the Right to an Accounting

Prior to receiving a distribution from an Estate, the Executor will often require a beneficiary to sign a “Release and Refunding Bond.” A potential impact of the “Release and Refunding Bond,” which must be considered by a beneficiary of an Estate, is that once signed by a beneficiary and filed with the Court, this beneficiary has essentially waived their right to request a formal accounting from the Executor of the Estate. Also, upon executing a “Release and Refunding Bond” this party waives any future interest in the Estate unless it can be demonstrated that the “Release and Refunding Bond” was procured by fraud, duress or by any other improper means. As such, it is important that a beneficiary obtain detailed and substantial information with regard to the bequest they are to receive, as well as a detailed informal accounting prior to signing a “Release and Refunding Bond”. Should a beneficiary sign a “Release and Refunding Bond” without these safeguards, the beneficiary could be left without further recourse should there be concerns that the Executor failed to properly and fully account as to all Estate assets. It is for these reasons that if a beneficiary has questions as to a “Release and Refunding Bond” that they consult with an attorney for assistance.