The executor ensures that the deceased’s last wishes are fulfilled, and their role includes valuing the estate’s assets, protecting them, and allocating them to the beneficiaries.

Author: Esther García López

Ensuring everything is properly arranged in an inheritance is the goal when drafting a will, and the most effective way to achieve this is by appointing an executor.

The role of the executor, as outlined in the Civil Code, is to ensure that the deceased’s last wishes are fulfilled and to manage their estate until the inheritance is distributed.

In essence, the executor is the enforcer of the will. They must interpret the will, inventory and value the estate’s assets, pay any legitimate claims, settle debts, and manage the estate.

But that’s not all; the executor also has to ensure the safety of the assets, divide and allocate the inheritance to the beneficiaries, represent the deceased in legal matters related to their estate, and account to the heirs and a judge.

How and Why a Will Can Be Challenged

A Difficult and Unpaid Task

All these responsibilities make the role of the executor, in many cases, very burdensome and challenging, especially if the heirs are in conflict. In such situations, the executor is tasked with mediating to reach an agreement.

To avoid problems, the executor can decline the appointment, especially considering that the role is unpaid.

“This is a voluntary position that must be accepted by the individual. There is no obligation to provide any compensation for the functions performed, but the testator can specify that some form of remuneration be granted,” according to Garanley Abogados law firm.

How to Protect an Inheritance

When It Is Advisable to Appoint an Executor

The two situations where appointing an executor becomes almost essential are when dealing with large inheritances with many assets to distribute or when there is a poor relationship among the heirs.

It is also effective when the inheritance involves “family businesses, business activities, or income-producing assets,” according to Herento law firm.

In all these cases, the executor must protect the inheritance and manage the assets in the most beneficial way for the heirs until distribution, trying to avoid conflicts among them.

Although this is not always achievable, a notable example where the executor played a crucial role in the distribution of the inheritance is that of singer Rocío Jurado.

Her executor, Ana Iglesias, was a friend she trusted to protect the inheritance of her three children from her siblings, who throughout the process questioned the executor’s decisions, considering them unfair.

Wills Break Records as Sudden Death Is Seen as a Real Threat

Who Can Be an Executor?

Anyone trusted by the testator can serve as an executor. However, they must be of legal age and have the capacity to act. Legal training is not required, but many testators appoint lawyers or notaries they trust.

A crucial requirement is that the executor must accept the role. They can also decline the appointment, with a six-day period starting from when they are informed of their appointment or when they learn of the testator’s death.

They do not need to justify their decision if they decline the role, but if they accept and later decide to resign, they must have a valid reason and go to a notary.

Reasons for resignation include having an illness, conflicts with heirs, or potential harm if they continue in the role.

The executor has one year to fulfill their duties if no other period is specified in the will, but this period can be extended if their task is not completed within that time.