Executor

The executor is the person chosen by another person to be in charge of the supervision and fulfillment of his will at his death.

The testator (person who writes a will) can appoint an executor for various reasons, some examples are: ensuring that the will is fulfilled, especially regarding debts that have been left in the will or avoiding problems for the heirs.

The executor is not a mandatory figure in the inheritance, it is the will of the testator and if it is not designated, the heirs themselves will be in charge of executing the will, calling them executors but legal.

Executor characteristics

Some of the essential characteristics of the executor are:

• The executor is a person who will serve the interests of another person who is already deceased.
• The executor has no obligation to accept the assignment.
• Once the position is accepted, you can resign it under just cause or without justification.
• The executor cannot choose another person other than himself to replace him in his functions.
• The executor is for a period determined by the testator.
• There is no obligation to pay the executor.

Exceptions

Can everyone be an executor? There are several exceptions

• Minors cannot be executor
• The incapacitated cannot be executor
• If legal persons can be executor

Functions of the executor

What main functions does the executor have?

Those entrusted by the testator and in another case:

1. You can sell real estate and personal property if the inheritance lacks liquidity
2. Manage inheritance
3. Give cash to the heirs
4. Make the inheritance partition
5. Procedural management and general enforcement oversight
6. Conservation and custody of assets

Still, the executor has responsibility:

• You must be accountable to the heirs and the judge
• You cannot give new instructions to execute the inheritance
• You cannot name new heirs or make the inheritance at will.

Types of executors

There are different types of executors depending on the objectives of the testator and the executors themselves.

• Universal: It receives the order to execute the entire will, it has all the functions, including those of the partition.
• Individual: You are only given certain powers to fulfill certain objectives.
• One person: One person
• Multi-person: Several executors
• Legal: In the absence of an executor appointed by the testator, the heirs are
• Probate: The executors appointed by the testator

Executors are not executors throughout their lives, therefore their function is extinguished. These are the reasons why the executor is terminated:

• Death of the executor
• Impossibility of being an executor
• Resignation
• Removal: An executor can be removed by:
  • Who has lost the capacity to act or is incapacitated.
  • An executor can also be removed for his conduct, if he has performed detrimental acts for the heirs.
  • For not having fulfilled your order
  • Simply by ending the period of time for which he was appointed.