The executor of the will: who he is and what functions he performs

In inheritance law, the figure of the executor is a valuable tool for ensuring that the testator's wishes are faithfully and without misunderstandings. Although it is not mandatory to appoint an executor, in many cases their presence is essential to ensure orderly management of the estate, especially when the estate is complex or when the family context is unsettled or uncooperative.

The executor is governed by Articles 700 et seq. of the Civil Code, which define his or her duties, powers, and limitations, establishing him or her as the guarantor of the implementation of the will.

Who is the executor and how is he or she chosen?

The executor is the person designated by the testator in his or her will with the task of overseeing the correct execution of his or her last wishes. The testator may choose a trusted person or a third-party professional expert in inheritance matters, such as those at the Agenzia delle Successioni, after a preliminary consultation.

The assignment must be accepted by the executor, either explicitly or through behavior that demonstrates a willingness to assume the role. Once accepted, the executor is required to perform his or her duties diligently and may be held accountable for his or her actions under civil liability rules.

The role of guarantor of the testator's wishes

The primary task of the executor is to ensure that the will is respected. He or she does not replace the heirs and does not become the owner of the estate assets. The executor acts as a third, impartial figure.

His presence is particularly useful when the will contains complex provisions, conditions, or elements that could give rise to different interpretations. In these cases, the executor helps prevent conflicts between heirs and reduce the risk of disputes.

Temporary Administration of the Estate

If the testator so provides, the executor may be authorized to temporarily administer the estate assets. This activity aims to preserve the estate until its final distribution to the heirs.

The administration must respect the limits established by law and the will, ensuring unified and orderly management of the assets and avoiding individual initiatives that could compromise the balance of the estate.

Payment of debts and fulfillment of legacies

Among the most delicate tasks of the executor are the payment of inheritance debts and the execution of legacies established by the testator. This is a complex phase, requiring attention and expertise.

The executor's intervention allows these operations to be managed in a coordinated manner, reducing the risk of errors, omissions, or disputes and ensuring that everything is carried out in full compliance with the deceased's wishes.

Term of the assignment and final report

As a rule, the executor's assignment lasts one year, unless otherwise indicated by the testator or an extension is granted by the heirs. This time limit serves to prevent the administration of the estate from being prolonged beyond what is necessary.

At the end of the mandate, the executor must submit a detailed report of the activities performed and the status of the estate. This is a fundamental step to ensure transparency and protect heirs, although it is not a legal requirement.

Support from the Agenzia delle Successioni

The Succession Agency supports testators and heirs in planning and managing the most delicate phases of the succession. It can also help identify a qualified professional to appoint as executor, selecting individuals with proven experience in inheritance law.

To receive a consultation, you must fill out the form on the agenziadellesuccessioni.it website.