Who can be an executor an heir? an acquaintance? a lawyer?

Table of Contents

• Inheritance executor without a Will

• Executor is appointed by Will

• Who Is Most Often Chosen an executor?

• Qualifications of an an executor

• Advantages of Appointing a Lawyer as executor

Inheritance executor without a Will

When appointing an Inheritance executor in the absence of a will, the person chosen must be someone who has a legal interest in the estate, or simply put, someone who is entitled to inherit the estate.

In general, an heir or someone with a legal interest as defined by law is appointed. The heirs are determined according to Section 1629 of the Civil and Commercial Code, which divides heirs into six categories as follows:

1. Descendants (children/grandchildren)
2. Parents
3. Siblings (from both parents)
4. Half-siblings (from either father or mother)
5. Grandparents (paternal and maternal)
6. Uncles, aunts, or cousins

In addition, the spouse can also apply to be appointed as the estate manager.

If none of the individuals in these categories are able to act as the estate manager (due to incapacity or inability to perform the duties), another person who is not directly entitled to the inheritance can be appointed to manage the estate on behalf of the heirs.

In such cases, the court will typically require the consent of other heirs who are entitled to inherit the estate. However, this does not mean that the estate manager cannot be appointed if someone disagrees. The process might just become more complicated.

Executor is appointed by Will

If the deceased person has made a will, the will serves as the final document expressing their wishes. Not only does the will outline how the estate should be divided, but it can also specify who should be appointed as the estate manager.

In a will, the testator can designate who will manage the estate. In some cases, even someone who is not entitled to inherit the estate (such as a lawyer or a third party) may be appointed as the estate manager.

However, if the person chosen by the deceased to be the estate manager refuses to take on the role or is disqualified, the appointment will revert to the legal heirs. Any of the entitled parties can then step in to fulfill this role.

Who Is Most Often Chosen an executor?

1. Heirs
   The most common individuals chosen to be estate managers are the heirs or those entitled to inherit the estate. Often, the person chosen is a relative or a child who has the largest share of the estate or is trusted the most by the deceased.
2. Lawyers
   In many cases, lawyers are appointed as estate managers due to their expertise in legal processes related to inheritance. Appointing a lawyer can help reduce the complexity of managing the estate and prevent potential conflicts between heirs.
3. Mediators (Third Parties)
   Although rare, some people choose a third-party individual who is not a beneficiary—such as a close friend or trusted relative who has no claim to the estate—to be the estate manager. This is typically done to ensure neutrality and to avoid conflicts among the heirs after the testator’s death.

Qualifications of an an executor

In addition to being a person designated in the will or one with a legal interest in the estate, the individual must also meet certain legal requirements as defined by the Civil and Commercial Code, Section 1718. Those disqualified from acting as estate managers include:

• Minors (individuals under 20 years old)
• Incompetent persons or those declared legally incompetent by the court
• Bankrupt individuals (those declared bankrupt by the court)

Advantages of Appointing a Lawyer as executor

When a lawyer is appointed as the estate manager, there are several key benefits:

1. Accurate Legal Advice
   Lawyers can provide accurate and clear legal advice, helping heirs understand their rights and responsibilities without the confusion of complex legal terms or procedures. They also ensure that all legal documents and processes are handled properly.
2. Faster and Clearer Process
   Lawyers are skilled in legal processes and can efficiently handle estate matters, reducing the waiting time that might otherwise cause stress or anxiety for the heirs.
3. Proper Appointment of the Estate Manager
   A lawyer can ensure that the appointment of the estate manager is done according to the law, preventing potential mistakes that could lead to disputes or petitions to the court to remove the estate manager if the process was not followed correctly.
4. Time-Saving for Heirs
   Appointing a lawyer as the estate manager helps save time for the heirs in handling legal matters. The lawyer will handle the court proceedings and asset distribution, reducing the burden on the heirs to go to court and manage the estate themselves.

Having a lawyer as the executor not only ensures that the process is completed correctly and quickly but also helps prevent disputes and issues that might arise from heirs managing the estate on their own.

Content by Jasmin lawyer / Compiled by Champ lawyer