Legal Definitions - exoneration

Definition: Exoneration means to remove a burden, charge, responsibility, or duty. It can also refer to the right to be reimbursed for paying money that someone else should have paid. Additionally, it is the equitable right of a surety to compel the principal debtor to satisfy an obligation.

• If a testator leaves a gift of property that has a mortgage or lien, the doctrine of exoneration operates to satisfy the encumbrance from the general assets of the estate.
• A surety has the right of exoneration, which means they can compel the principal debtor to satisfy the obligation, even if the surety has the right of reimbursement.

These examples illustrate how exoneration works in different situations. In the first example, if someone leaves a property as a gift, but it has a mortgage or lien, the doctrine of exoneration ensures that the encumbrance is paid from the estate's assets, rather than burdening the recipient of the gift. In the second example, a surety has the right to compel the principal debtor to satisfy the obligation, even if the surety has the right of reimbursement. This ensures that the surety is not unfairly burdened with the responsibility of fulfilling the obligation.