Executor testamentary: definition, role and appointment

A person can designate a testamentary executor in order to ensure the application of their last wishes concerning their succession. Its role will be to distribute its heritage between its heirs or legatees, but also to manage conflicting or specific situations, in particular within the framework of particular legacies, urgent debts or the absence of reservation heir. Focus on the missions of the testamentary executor.

Capital video: testamentary executor: definition, role and appointment

• 
  

  To safeguard
  

  
  
  

  Saved
  

What is an executor in France?

Definition

The testator can designate during his lifetime an executor in his will or in a separate act (written and signed document). This confidence must ensure the smooth running of the succession and the execution of the wishes of the deceased.

A family member, a friend, an heir … who ensures the right application of the will

According to article 1025 of the Civil Code, it is possible to name one or more executors enjoying full civil capacity to ensure or carry out the execution of the wills of the testator. It can be a family member, a friend or a professional. The designated person is entitled to accept or not the title of testamentary executor.

Is it mandatory to have a testamentary executor?

The appointment of a testamentary executor remains the appreciation of the testator. It does not constitute a legal obligation, but it is recommended to guarantee the execution of its wishes. It generally intervenes when the latter has no family or in the event of disputes with the heirs. For example during a challenge to the validity of an olographic testament or in fear that a heir or a legatee does not execute his last wishes.

Who can be appointed testamentary executor?

A loved one or a trusted professional

Depending on the free and informed consent of the testator, the executor may be a close friend or a family member. Among the eligible professionals, it is possible to choose a trust company or a notary. In any event, he is a trusted person. For reasons of practicality, it is preferable to opt for a third party close to your home.

An adult who enjoys their legal capacity

The executor must be able to execute his responsibilities. It cannot be a minor, because he must enjoy his legal capacity. His appointment can be mentioned in the will, or on a separate document, as a handwritten letter. If necessary, it is necessary to date and sign the act which attests to the identity of one or more designated persons.

Can a notary be executor?

In the same way as a trust company, a notary can exercise the responsibilities of executor. In compliance with the ethical rules of his profession, he ensures the execution, respect for the wishes of the deceased and the interests of the heirs.

A notary is used to managing complex successions: he knows the legal deadlines, the steps to be completed with taxes, banks, pension funds or land administration. Depending on the complexity of the file, the appointment of a professional is practical to save time, and avoid an overload of administrative procedures to be carried out in the time.

What is the role of an executor?

Ensure respect for the latest wishes of the deceased

The role of executor is to ensure compliance with the will of the testator. Responsible for the application of the will, he may initiate conservatory measures dedicated to his proper execution, in reference to article 1029 of the Civil Code. For example :

• Carry out the sale of furniture to pay the deceased debts,
• Make an inventory of the succession (in the presence or not of the heirs) …

Share goods between heirs and legatees, receive and place capital, settle debts …

Since the entry into force of law n ° 2006-728 of June 23, 2006, the powers of the executor have been extended. In the absence of a reservation heir, the executor can take care of:

• the sharing of remaining goods;
• management of all or part of the buildings of the succession;
• reception and placement of capital;
• payment of the deceased debts.

What are the rights and duties of the executor or executor?

Right to refuse the title

As a reminder, the person appointed by the deceased has the possibility of refusing this title. However, it should not have started to carry out the missions of the executor, and to notify its decision to the heirs and legal representatives. In order to anticipate any refusal, the testator is recommended to appoint several people, in particular to distribute the responsibilities of this status.

Obligation to account for his activities within six months

The person who accepts the title of executor is obliged to carry out their mission. She must account for her activities with the heirs within six monthsfrom the end of his intervention. This is done without financial compensation, with the exception of the reimbursement of the costs incurred during its missions.

How to designate a testamentary executor?

Notify it in the will or in a written document

Whether it is a family member or a professional, the appointment of the testamentary executor must be notified in writing. In order to be officially recognized, the testator has the possibility of specifying the identity of the person in his will. He can also write an independent handwritten act and put him back to his notary. The date and signature are proof, in the event of contestation of the heirs.

Model of olographing will to designate a testamentary executor

I, the undersigned, (surname first name), born on (date of birth) to (birthplace), residing at (full address), writes by this my last wishes.

I declare that this will cancel all the testamentary provisions that I could have taken previously.

I designate as testamentary executor (name first name), born on (date of birth) to (place of birth), residing in (full address).

I entrust him with the mission of ensuring the proper execution of my last wishes as expressed in the present Testament.

In accordance with articles 1025 and following of the Civil Code, I authorize it to take the necessary measures for the delivery of my property to the beneficiaries, in accordance with my wishes.

I grant him, if he agrees, the right to sell movable or immovable property, if this is necessary for the execution of my wishes, subject to the required legal authorizations.

Fact to (place of writing of the will), the (day, month, year),

(Signature)

When ends the mission of the testamentary executor?

The responsibilities of the executor take effect at the opening of the will, subject to acceptance of the designated person. Subsequently, he has a maximum period of two years to carry out all of his missions. In certain situations, he can nevertheless request an extension of one year from a judge. If it is not an individual, any breach or fraud can expose it to professional sanctions.