An estate administrator is a person designated in the will or appointed by mutual agreement of the heirs. In the absence of such designation, the person currently possessing, using, or managing the estate will continue to manage it until the heirs appoint a new administrator.
If the heirs are not yet identified and there is no estate administrator, the competent state authority shall assume the role of managing the estate.
According to Article 617 of the Civil Code 2015, an estate administrator is responsible for:
Creating an inventory of the estate and recovering estate assets in the possession of others;
Preserving the estate and not disposing of it without written consent from the heirs;
Informing the heirs about the estate;
Returning the estate to the heirs upon request;
Compensating for damages caused by failure to fulfill obligations.
3. Rights of the Estate Administrator
According to Article 618 of the Civil Code 2015, the estate administrator has the following rights:
Represent the heirs in dealings with third parties related to the estate;
Receive remuneration as agreed with the heirs;
Be reimbursed for reasonable expenses incurred in preserving the estate.
Estate management may involve maintaining property, constructing fences, renting storage, or protecting crops and livestock. The law allows for reimbursement of reasonable costs incurred in safeguarding the estate.
4.1 According to a Will (Article 659 of the Civil Code 2015)
Division follows the testator’s intentions;
If the will does not specify shares: divide equally among named beneficiaries;
Division by specific assets: beneficiaries receive assets with yields or bear depreciation;
Division by percentage: calculated based on the estate’s value at the time of division.
4.2 According to Law (Article 660 of the Civil Code 2015)
A portion must be reserved for unborn children already conceived;
Heirs may request division by specific assets. If not feasible, assets may be appraised and sold to divide proceeds.
5. Obligations of the Deceased
Outstanding financial obligations: debts, taxes, penalties, compensation, etc.;
Funeral expenses and costs for preserving the estate;
In cases where the deceased had children but did not provide care, an amount must be set aside to reimburse the caregiver for child-rearing costs.
6. Circumstances Limiting Division of the Estate (Article 661 of the Civil Code 2015)
If the will or agreement specifies, division shall only occur after a certain period;
If immediate division would seriously affect the livelihood of the surviving spouse, the court may delay division for up to 3 years, and extend once more by another 3 years if necessary.
7. Determining the Time of Inheritance Commencement (Article 611 of the Civil Code 2015)
The time of inheritance commencement is the date the asset holder dies;
If the person is declared dead by the court, the date is based on the court’s decision (Clause 2, Article 71).
8. Frequently Asked Questions
8.1 What are the obligations of an estate administrator?
Prepare asset inventory, recover, preserve, inform, return, and compensate for any loss.
8.2 What rights do current possessors or managers of the estate have?
Continue usage as agreed in contract;
Receive remuneration and reimbursement for preservation expenses.
8.3 What are the obligations of those currently possessing the estate?
Preserve, inform, return the estate, and compensate for damages if caused.
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