Discharge (of personal representative) - sustany/dvg GitHub Wiki

Discharge of a personal representative generally relates to a court order releasing the representative from any further duties. As noted in, for example,�Indiana Code Title 29, Section 13, when a�personal representative�is discharged, the personal representative is released from their duties. The discharge operates as a bar to any suits against the personal representative (and their sureties) except for suits that are based on�mistake,�fraud, and willful misconduct on the part of the personal representative. However, these suits�must�be commenced within one year from the date of the discharge.

Similarly, in Nebraska, according to�Mach v. Schmer, and the�Nebraska Revised Statute 30-2486, you may not present a claim against an estate by bringing a suit �against a former personal representative who has been discharged and whose appointment has been terminated.� However, according to the exception in section�30-24,119�of the probate code, you may institute a proceeding against a personal representative after the personal representative has been discharged if the suit is for�breach of fiduciary duty.