Acting as executor
By ordering executorship, a testator ensures that their last will is carried out by a neutral person. We act as executors and advise testators on how best to structure the arrangement. We assist heirs and legatees with questions concerning the administration of the executorship.
The key points at a glance
Appointment and acceptance
The testator may appoint one or more executors by will (§§ 2197 et seq. BGB). The office begins upon acceptance declared to the probate court. On application, the executor receives an executor's certificate as proof of their authority.
Duties and powers
The executor must carry out the testamentary dispositions and administer the estate. In a winding-up executorship, the executor distributes the estate among the heirs. In a long-term executorship, the executor administers it over an extended period, for example for heirs who are minors. To the extent of the executor's administration, the heirs cannot themselves dispose of assets of the estate.
Obligations and liability
The executor must provide the heirs with an inventory of the estate without delay and administer the estate properly. The executor is obliged to provide information and account to the heirs and is liable for culpable breaches of duty.
Pay
The executor may claim reasonable remuneration unless the testator has provided otherwise. It is advisable to set out the remuneration in the will itself.
How we proceed
We advise testators on whether, and in what form, executorship makes sense, and draft clear provisions on duties, duration and remuneration.
As executors, we record the estate, fulfil legacies and testamentary conditions, settle liabilities and distribute the estate.
We keep the heirs regularly informed of progress and render a clear and comprehensible account of our activities.
Frequently asked questions
Can the heirs remove an executor?
Not by their own decision. If there is good cause, such as a gross breach of duty, the probate court may dismiss the executor on the application of an interested party.
How long does an executorship last?
A winding-up executorship ends once its tasks have been completed. The testator may order a long-term executorship for a longer period. This is generally limited to thirty years, although the law provides for exceptions.
Your contact
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich