- What is an executor?
- Designation of the executor
- What are the executor's missions?
- Designation of a posthumous agent
When a person wishes to transmit a patrimony to a third party, especially a real estate bequest, it is advisable to write a will. The testator can then designate a person to perform his last will: the executor.
What is an executor?
The executor is therefore a person specially designated to fulfill the will of the testator (author of a will). In order to carry out the mission entrusted to him, he must be of full age and have full legal capacity.
A priori, an executor act as a volunteer, that is, free of charge. It is possible, however, that the deceased may have specific "pay" (this may be a legacy, gift, or other). Possible expenses are borne by the estate.
Designation of the executor
It is important to emphasize that the testator can choose a person (or several people) of his choice. It can be a friend or a professional such as a lawyer or a notary. The designation can be specified directly in the will or via a separate act (on a handwritten document duly dated and signed).
What are the executor's missions?
The mission entrusted to the executor must be completed within two years, at most, following the opening of the will. Nevertheless, it is possible, under conditions, to request an extension from a judge. On the other hand, it is also possible that execution of the will is suspended by the courts for serious reasons. In all cases, the executor is required to report on the progress of his mission from the heirs every six months after the death of the testator.
Of course, the executor can not dispose of the property of the deceased as he sees fit. Its role is to carry out an inventory of the heritage or to make conservatory provisions. In particular, he may take the initiative to invest capital or sell property in order to cover estate costs or to settle debts. In certain difficult estates or in cases of urgent debts, the executor has the power to dispose of all or part of the property, which may be auctioned.
Designation of a posthumous agent
In some cases, it is possible to appoint a proxy posthumous effect, especially in the case of complex succession or to protect a vulnerable heir. But this appointment remains an exception and the mandate must be written by a notary. In this context, the mission of this agent is to administer all or part of the estate in the interest of the heirs.