Who is an executor? The most complete information about the executor of the will and his powers

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The transfer of the testator's property to his legal successors is carried out in two ways. The first option is by law. The procedure takes place without the direct participation of the deceased citizen or his proxies. The heirs only need to submit an application for acceptance of the property. All other legally significant actions are performed by the notary. The second option is by will. A slightly different principle applies here. The owner of the property can not only change the composition of the participants, but also appoint an executor of the will (executor). The executor of the will is vested with the authority to monitor compliance with the last will of the deceased citizen and ensure the transfer of property to applicants.

What does execution of a will mean?

Citizens do not always leave behind simple wills that do not require third-party intervention. In addition to changing the order of distribution of property or the composition of applicants, testators periodically make orders with conditions.

For example, the owner of the property may oblige the applicant to provide part of the inherited living space to the legatee. If there is such a clause, the heir becomes dependent.

He accepts the property subject to the fulfillment of the last will of the deceased subject. However, in practice it is not so simple. The moral side of the issue is not relevant for all successors.

One of the main problems when registering an inheritance is the legal ignorance of citizens. To avoid abuse, the legislator provided for the possibility of appointing an executor of a will.

The owner can attract an executor who will ensure the targeted transfer of property and will oversee the fulfillment of the obligations assigned to the applicants.

Interpretation of the will

Interpretation of the will, according to Art. 1132 of the Civil Code of the Russian Federation, implies a literal understanding of the testator’s instructions left in the document. A notary, court or executor of a will must also focus on the general meaning of the document and the meaning of its individual parts. If there are several possible interpretations of individual paragraphs, they are considered in conjunction with other sections of the document . Execution of the will of the deceased is possible only after the essence of his orders has been determined.

Who is an executor of a will?

An executor of a will is an individual or legal entity entrusted with the responsibility of executing the last will of the deceased subject. Also, the citizen to whom the testator entrusted the execution of the will is called the executor.

Who appoints the executor? The executor of the will is appointed by the testator.

The only requirement is that the potential candidate must give his consent. It is expressed in two ways - the executor signs directly on the will or submits a separate application to the notary after the death of the testator.

If the executor of the will indicated by the testator in the will is a legal entity, then the right to sign or submit an application is vested in a representative of the organization empowered on behalf of the legal entity.

If there is no signature, the application must be submitted within one month after the death of the testator. If the candidate began to execute the order in fact within a month after the death of the testator, then this is equivalent to submitting a written application to a notary.

Can the executor review the terms of the will before signing it? Yes.

A person has the right to know the amount of work. Especially if we are talking about a will with a condition. In some cases, the executor of the will will have to look after the interests of the legatee for more than one year.

Important! The executor of a will has the right to receive remuneration for his actions if it is provided for in the terms of the will. In addition, he is given the right to receive compensation for all funds spent on his activities at the expense of the inherited property.

Granting the powers of an executor

The granting of powers to the executor can occur both during the life of the testator and after his death. It depends on the purposes of execution of the administrative act.

The following types of destination can be distinguished:

1. the testator has the right to entrust the execution of the will to the executor by drawing up such a document;
2. the executor is not indicated in the will, but is called by the heirs to resolve the dispute;
3. The state or state bodies can appoint executors.

The first situation is classified as classic, since the testator chooses an executor from disinterested persons who have no claims to the inheritance. The second case gives the performer a certain part of the powers. This is due to the fact that the deceased did not delegate them to the executor on his own. The difference between the appointments under consideration is that the initiative comes not from the testator, but from the legal successors.

State authorities decide to appoint an executor when the circle of heirs includes persons requiring guarantees. The executor has the obligation to treat in good faith the distribution of the inheritance between legal successors. Among the responsibilities is the repayment of the debts of the deceased .

Important! Creditors cannot demand that the executor compensate for losses caused to him or dispose of the property that is pledged.

Appointment of executor

The testator may or may not agree on the appointment of an executor with a candidate for this position. This is due to the fact that the appointment itself is made in a notary's office . After the inheritance case is opened, the notary informs the person specified in the will about the will of the testator. If he agrees, the notary will issue an official document confirming the performance of the duties of the executor.

A similar procedure is implemented when an executor is appointed by legal successors. The only difference is that the heirs must send the request to a notary . Representatives can be appointed regardless of whether the will names an executor or not. A person acting as a performer does not have the right to transfer or assign his powers to another person. He must fulfill the duties he has assumed personally.

Documentation of the executor of the administrative act

The application is submitted to the notary, who is located at the place where the estate is opened. This document is attached to the inheritance file.

The application serves as the basis for the official transfer of authority. The executor is issued a document giving him the authority to distribute property among legal successors.

Rights and obligations of the executor

The powers of the executor arise from the administrative document. However, the executor of the will begins to actually implement the will of the deceased subject after receiving the appropriate certificate.

Main responsibilities of an executor

When executing the order, the executor acts on his own behalf in all government agencies or court.

Important! The law provides for liability for failure to perform or improper performance of duties. If the executor abuses his rights or is negligent, the heirs may file a claim for damages.

Testamentary disposition

The testator has the right to dispose of his deposit in a bank or funds located in another account in any bank by drawing up a document separate from the will - a testamentary disposition (Article 1128 of the Civil Code of the Russian Federation).

This procedure is carried out in any bank, the order has the force of a notarized will, subject to the following conditions :

• Signing by the testator in the bank with his own hand, indicating the date of its preparation.
• Certification by a bank employee entitled to such certification in accordance with his official duties.

All rights to funds in respect of which the testator has made a disposition are included in the estate and are inherited on a general basis .

Funds are issued to heirs solely on the basis of the certificate of inheritance and in accordance with it, with the exception of expenses for the funeral of the testator.

Certificate of authority

The rights and responsibilities of the executor are specified in the will. But for the full execution of the last will of the testator, one order is not enough.

The executor must obtain from a notary a certificate confirming his authority. The form of the document is fixed by Order of the Ministry of Justice of 2021 No. 313.

The certificate must contain the following information:

1. Title of the document.
2. Date, place of performance of the notarial act.
3. FULL NAME. the notary who issued the document.
4. FULL NAME. executor and his passport details.
5. Reference to the fact of the death of the testator.
6. Mention of a will.
7. Registration number.
8. Link to collection of state duty and payment for UPTH.
9. Notarial inscription.
10. Deciphering the notary's initials.

Procedure and deadlines for execution of orders

The procedure for the executor's actions follows from the text of the will. This takes into account the composition of the heirs, the list of alienated property and the availability of conditions at disposal.

Initially, the executor needs to contact a notary’s office and obtain a document confirming his authority. The territorial reference goes to the place of registration of the testator.

The executor must assume his rights within a month from the date of the death of the testator. A certificate of authority is issued on the basis of an application. The document is drawn up in any form.

1. Name of the notary office.
2. Details of the candidate for the position of executor (full name, registration address).
3. The title of the document is “Application for the issuance of a certificate.”
4. Circumstances of the case.
5. The essence of the appeal.
6. Date, place of application.
7. Applicant's signature.

Sample application for issuance of a certificate of authority

The period for accepting an inheritance is 6 months . During this time, the executor must find legal successors, notify them of the existence of the inheritance, and ensure the protection of the identified property.

If necessary, the executor has the right to involve a trustee. Additionally, the executor can help the heirs evaluate the property.

Example. The testator made a will six months before his death. He described his property to his wife and children. The types of property and the procedure for its distribution were prescribed in the order. On the day of his death, the testator was the founder of a commercial enterprise. In addition to personal property (apartment, car), the inheritance included a property complex. To avoid loss of property or incurring damages, the executor of the will appointed a trustee. Thanks to the timely actions of the executor, the company continued its work as usual.

The inheritance certificate is issued six months after the death of the testator. Based on the results of paperwork and the issuance of a certificate, the inheritance case is closed.

However, there are a number of nuances here. For example, if the testator left a will with a condition, then the legatee can exercise his right within a three-year period.

If, upon contacting the heir, the legatee is refused provision of services or living space, then the executor must take appropriate actions to implement the last will of the deceased citizen. Thus, the powers of the executor continue to operate even after the probate case is closed.

The execution of a will is terminated in the following cases:

1. The term of the inheritance legal relationship has expired.
2. The executor has died or become incapacitated.
3. The duties assigned to the executor have been fully fulfilled.
4. Release from duties at the request of the executor/heirs.
5. Death or lack of inheritance.

Certain types of orders

The law provides for the possibility of drawing up an order with a condition. One of them is testamentary refusal (Article 1137 of the Civil Code of the Russian Federation).

The testator can assign all property to the heirs, at the same time indicating the legatee in the order. This person is not included in the legal successors. However, the main heir will have to provide him with a service, transfer part of the property or provide the right to use residential premises.

The second type of orders is testamentary assignment (Article 1139 of the Civil Code of the Russian Federation). The document resembles the previous order.

However, the obligation imposed on the heirs pursues socially beneficial goals. Moreover, the testator can assign the responsibility to the heir or executor.

In the presence of such orders, the executor has a key role. He will have to ensure that the testator's last will is carried out.

If the heir refuses to fulfill the assigned obligation, the executor may go to court. For example, about forcing the fulfillment of an obligation in kind. In some cases, the plaintiff may raise the issue of disinheritance of legal successors.

Example. Due to certain family problems, the testator decided to transfer his property to his brother. However, in order not to deprive his son of a roof over his head, he entrusted the legal successor with the responsibility of providing him with a room to live. The man appointed his ex-wife as executor. The woman gave her consent. After registering the inheritance, the brother of the deceased man provided the premises to his nephew. However, a year later he decided to sell the apartment and demanded to vacate the premises. The legatee turned to his mother. After her intervention, the heir offered the legatee monetary compensation for renouncing his rights to housing. The refund amount was equal to the cost of the room. The proceeds were used to buy a room in another apartment. The legatee did not remain on the street.

Testamentary refusal and testamentary assignment

Testamentary refusal is a procedure regulated by the provisions of Art. 1137 of the Civil Code of the Russian Federation, according to it, the testator has the right to oblige his successors to fulfill property obligations at the expense of the inheritance received. In this case, the legatees will be third parties who do not participate in the inheritance, but who have the right to demand the fulfillment of the testator’s instructions if it is reflected in the will.

In what situations is a testamentary refusal made in accordance with civil law:

• If transfer of property to the legatee is required.
• If the legatee has the right to demand monthly financial support from the legal successors.
• When the testator has instructed to purchase real estate or other property and transfer it for use to the legatee.
• If the recipient of the refusal has the right to use the services of the legal successor indicated in the will.

The most common example of a testamentary refusal is:

In the will, the testator indicated that after his death, his apartment would be inherited by his son, but on the condition that he allocate a room with an area of ​​20 sq.m. daughter for a period of 5 years. She is the legatee. If the heir decides to sell the home, the right to use the room will remain with her. A testamentary refusal can only be obtained within three years from the date of opening of the inheritance case. If the recipient does not have time to use it, he can challenge it in court.

Attention! Interpretation is also carried out when the testator has not clearly formulated his thoughts in the document and disagreements arise between the parties when accepting the inheritance.

The testator also has the right to provide in the will for the possibility of replacing the legatee in the following cases:

• The death of the first beneficiary on the same day as the testator.
• The legatee was deprived of the right to receive a refusal.
• The citizen indicated in the will himself refused.

As in the case of heirs, legatees can be declared unworthy, but only in court. The plaintiff here is the interested party - the legal successors. They can petition to cancel the testamentary refusal or change individual clauses if it is established that the legatees have committed intentional unlawful acts: an attempt on the life and health of the testator or his family, misrepresentation for the purpose of registering the testamentary refusal, etc.

If, according to the law, it is not possible to find a replacement, the heirs are released from the obligation to fulfill the testamentary refusal. In such a situation, the executor also does not stand aside - in order to fulfill the will of the testator, he must allocate a share of the property from the entire inheritance mass.

Also Art. 1139 of the Civil Code of the Russian Federation provides for the possibility of registering a testamentary assignment. The testator here is authorized to assign certain responsibilities to other persons, subject to receiving part of the property as an inheritance: caring for an elderly person or pet, maintaining a house in decent condition. All conditions are specified in the will.

Reimbursement

If expenses arise during the execution of the will, they are reimbursed from the estate. Costs are covered regardless of whether they were mentioned in the order or not.

The law does not contain an exhaustive list of expense items. However, they must be directly related to the execution of the will. For example, the funeral of a testator (up to 100 thousand rubles), searching for heirs, protecting property, attracting a trustee (no more than 3% of the value of assets), filing a claim for debt collection.

This may also include expenses incurred in the interests of the heirs. The main goal is to prevent more significant costs.

For example, repairing the roof of a building to prevent its further destruction. Such expenses are reimbursed on a priority basis, which is especially important if there are creditors.

Separately, the executor can count on adequate remuneration for his work. However, there must be appropriate mention of it in the will.

Legal experts believe that the fee should be included in the total cost. Necessary payments are made until the creditors' claims are satisfied.

The executor can apply for payment of remuneration after the execution of the last will of the deceased citizen. Such payments constitute the citizen’s income.

Reimbursement of the executor's expenses incurred in connection with the disposal of property

When considering the issue of mutual settlements, the consideration or gratuitousness of the executor’s activities is decided directly with the testator. This applies specifically to the remuneration due to the executor of the will. In addition, this also implies possible waste on his part when carrying out legal and other actions to ensure the will of the deceased.

Cost reimbursement

This issue is resolved thanks to Article 1136 of the Civil Code. This states that the costs incurred must be reimbursed to the executor from the estate. However, all costs must be justified. Otherwise, the beneficiaries of the will or the estate may challenge the illegal enrichment of the executor and relieve him of his assigned role.

Reward for work done

Remuneration to the executor may also be paid from the estate if such a condition appears in the text of the will. Taking into account the composition of the inheritance, this includes both property and various assets (bank deposits, accounts, shares, etc.). Mutual settlements outside of a will are decided mutually at the request of the parties to the legal relationship (oral or written agreement).

Refusal of duties as executor of a will

The law provides for two methods: voluntary and forced. Initially, the candidate may refuse the duties assigned to him when drawing up the administrative document.

It is enough not to sign a will or file an application after the death of the owner of the property. If the executor decides to refuse after taking possession, he will have to go to court.

Additionally, legal successors can initiate legal proceedings. For example, if the executor of the will fails to fulfill the responsibilities assigned to him. The hearing on the application for the release of the executor from his duties takes place within the framework of special proceedings.

The procedure for executing the order is determined by law. The rights and obligations of the executor are regulated by the will, and his powers are confirmed by the appropriate certificate. The executor must ensure that the property of the testator passes to his legal successors. Expenses that arise during the execution of a will are covered by the inheritance. This also includes the executor's remuneration. To avoid mistakes when selecting a candidate for the position of executor of a will, it is advisable to consult with a lawyer. To apply for a call back, you must fill out a special form on the website.

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When is he released from his functions?

In the process of executing a will, sometimes difficulties arise related to the executor himself, due to which he cannot fulfill his duties in full:

• recognition by the court of incapacity or limited legal capacity of a citizen;
• he was declared missing by a court decision;
• long-term serious illness;
• forced absence of a citizen for a long period of time.

In such cases, the citizen himself, who is the executor, or the relatives of the testator submit a statement to the court containing a reasoned request to release him from the assigned obligations.

On the pages of our website there are other articles about wills that tell:

• about types of wills;
• about how to register with a notary and without him;
• about how to change or cancel a document and whether it can be challenged;
• what is the secrecy of a will;
• when it comes into force;
• how to find out if there is a will;
• Which is better - a will or a deed of gift?

Who is the executor of a will under the Civil Code of the Russian Federation?

Inheritance involves the process of transferring property from the testator to his successors. The transfer process itself must be implemented in accordance with legal regulations. To do this, the testator or heirs may entrust the management of the inheritance to a specially appointed citizen. What powers does a responsible citizen have, in what case can he claim a reward and how to correctly draw up this order? Read more in the material.

Judicial practice under Article 1133 of the Civil Code of the Russian Federation

Ruling of the Supreme Court of the Russian Federation dated January 15, 2020 N 310-ES19-25467 in case N A84-3502/2018
Refusing to satisfy demands for determining the size and value of the share of the Vir Plus company in the common property of a simple partnership, the courts, having examined and assessed the evidence presented according to the rules of Chapter 7 of the Code, guided by the provisions of Articles 252, 1043, 1050 of the Civil Code of the Russian Federation, Articles 1132, 1133 of the Civil Code of Ukraine, we proceeded from the lack of proof of the circumstances that form the basis of the claim.

In what cases is a citizen recognized as the executor of a will?

An executor of a will is a citizen who, after the death of the testator, carries out the procedure of transferring the inheritance to the people claiming to receive it. An unknown person or relative can act as an intermediary with the consent of the property owner, based on the provisions of Article 1134 of the Civil Code of the Russian Federation.

In case of failure to fulfill obligations, the recipients of the inheritance can change the authorized representative of the testator's last will to someone who agrees and will be responsible for the process of transferring the inheritance. According to the law, individuals and legal entities can exercise the powers of the executor.

A citizen can legally exercise powers after:

• A legal signature on the disposition or additional deed that is attached to the document of the will;
• The official appointment of the executing representative and the exercise by him of the powers prescribed by the owner will be carried out within a month after the opening of the inheritance;
• The law does not exclude the possibility of exercising powers after submitting an application to a notary, in accordance with Article 1288 of the Civil Code of the Russian Federation;
• In accordance with article of law number 1134 of the Civil Code of the Russian Federation, the performer has the right to refuse if for some reason he cannot fulfill the obligations assigned to him.

Who is an executor?

Who is it? An executor is a person who has undertaken to ensure the execution of a will. According to Art. 1134 of the Civil Code of the Russian Federation, the executor can be a citizen, both included in the circle of heirs of the deceased and not having family ties with him.

The main function of the executor is to carry out the will of the deceased as reflected in the will.

Sometimes the role of the executor is underestimated, but it is he who is the guarantor of the fulfillment of the last order of the deceased. And he is obliged to organize his activities in accordance with moral standards and the letter of the law.

Whom does the testator appoint in this capacity?

Article 1134 of the Civil Code of the Russian Federation strictly regulates the requirements for the executor appointed by the testator:

• individual;
• capable person;
• has Russian citizenship;
• selected from among the heirs or invited from outside.

The testator independently decides on the choice of executor at the time of official registration of his last will. The opinion of the heirs in this situation is not taken into account. If the testator wants to change the contents of the document, he has every right to appoint another executor or not to appoint him at all.

Sometimes the testator appoints several executors at the same time. This is not prohibited by law. In such a situation, there are two options:

1. joint execution of the will as a whole;
2. each appointee is entrusted with the execution of a separate part of the document.

If the will does not specify a specific person to be the executor, the heirs can choose him independently, if such a need arises.

Powers of the executor of a will

A person who fulfills the terms of the order may qualify for both additional compensation on behalf of the owner of the property and financial payments from the heirs. To receive a share of the inherited property, the executor must fulfill all the conditions specified in the testamentary instrument. The powers of the executor of a will are as follows:

• Agreement with the conditions prescribed by the testator;
• Familiarizing heirs with the necessary actions to obtain the prescribed property;
• Ensure that the heirs comply with all rules of the will and prepare documentation in accordance with the requirements of the law;
• Appointing a person to execute the provisions of a will gives that person the authority to administer the estate;
• According to the will of the testator, the executor must transfer only that share of the property to the heir that is due to him;
• Make sure that the reward in the form of inherited capital goes to those persons who are truly heirs.

The legality of the powers of the executor is determined in accordance with the document, which is certified by a notary and complies with the law. Thanks to the signed legal act, the citizen executing the terms of the testamentary act must bear responsibility from the beginning of the opening of the inheritance until its transfer to the heir. In case of failure to perform direct functions or loss of a document, the penalty for the performer according to the law will be compensation for damages.

Rights of the executor of a will who is not an heir

According to the law, the executor of a will, regardless of whether he is the recipient of the property or not, has the right to receive gratitude. It does not matter which method of incentive the testator or successors choose. The representative transferring property under a will has the following rights:

• Claim for additional compensation. Which incentive method will be chosen depends on the terms of the order. If the amount of remuneration is not chosen, the amount of gratitude is determined by the decision of the heirs or the court;
• Cancellation of the execution of the will of the testator. Regardless of who instructed the executor to carry out the provisions of the testamentary disposition;
• Claim a reward at the end of the process;
• If the successors fail to fulfill their duties, according to the law, the executive may apply to the court for compensation.

Can the executor of a will claim remuneration?

The executor of the will has the right to demand payment of remuneration if such a condition is specified in the document. Based on the provisions of the law, the specified representative has the right to reimbursement of expenses incurred to fulfill the provisions of the agreement on the transfer of inheritance.

If the order indicates that the executor also receives remuneration, the successors do not have the right to ignore the will of the testator. In case of failure to comply with the indicated points, the citizen who is responsible for the process of transferring inheritance may apply to the courts to protect his rights.

Remuneration for conducting inheritance cases

Work related to the execution of a will involves the expenditure of the executor's personal funds. For example, they will be needed for the following needs:

• payment of utilities related to the maintenance of real estate;
• transfer of funds for renting a safe deposit box for storing cash;
• payment of fees on claims against third parties in whose possession the property is located.

An executor who has incurred expenses to perform his functions has the right to claim funds from the heirs. The amount of expenses is deducted from the value of the property left behind; if it turns out to be higher, the contractor covers the difference from his own funds . The successors of the deceased do not have the right to demand from him a report or other documentary evidence of the amount of costs.

The maker of the will has the right to provide compensation for the executor. Its size remains entirely at the discretion of the testator: its minimum and maximum value is not stipulated by law. The indicated amount is deducted from the value of the estate.

Sample will with executor of the will

There is no generally accepted form for filling out the submitted document. However, do not forget that a will is an official act that must be executed correctly. To draw up a will correctly, it is recommended that you familiarize yourself with some features:

• It is required to indicate the personal data of all parties to the transaction;
• Outline the terms of the contract. At the same time, all key points of interaction should be clarified, including the powers and responsibilities of a responsible citizen;
• It is advisable to make references to specific articles of the law;
• If the document is drawn up in closed form, it is necessary to record the fact of the certificate of two citizens;
• The agreement with the acting representative of the testator should be notarized;
• In the conclusion, it is required to indicate the date in writing, as well as put signatures with a transcript;
• If one of the requirements is not met, the legal act is considered invalid by law.

In accordance with the provisions of the law, any citizen has the right to appoint an intermediary responsible for the transfer of owned property. The interaction with an authorized representative should be formalized. This procedure will help avoid problematic situations when transferring inheritance.

Executor of a will: who is it, what rights and responsibilities does it have?

Inheritance law contains the concept of “execution of a will”. This action is regulated by Article 1133 of the Civil Code of the Russian Federation and is entrusted to the heirs, with the exception of cases when it is performed by a special person - the executor.

If a citizen planning to express his last will in a will believes that disagreements may arise between future heirs regarding the division of his property, he can appoint an executor of the will, who is endowed with a certain amount of rights and obligations.

• 1 Who is the performer?
• 2 What rights and responsibilities does it have?
• 3 Procedure for appointing an executor
• 4 Release from duties
• 5 Consequences of failure to fulfill obligations

Legal status of the executor

From the moment when the performer gave written consent or actually began to perform duties, he is endowed with the appropriate status, which gives certain rights that ensure the performance of the necessary functions and imposes corresponding responsibilities.

The status is confirmed by a corresponding certificate issued by a notary. It is required to confirm authority in relations with heirs, and is also necessary in relations with third parties when it comes to accepting property for storage.

At the same time, the execution of the necessary procedures is carried out not by way of representation, but on one’s own behalf.

The law does not establish a list of specific rights and obligations. The reason for this is the variety of objects of civil rights that can constitute the inheritance mass. Therefore, the executor can and is obliged to do everything necessary to implement the will of the deceased, which does not contradict the law.

Who is the performer?

An executor of a will (or executor) is an individual who implements the will of the deceased before the heirs, in terms of their assuming their rights.

A citizen with a legal education is usually hired as an executor, since when regulating the issue of inheritance, there are many legal nuances and problems. Moreover, when the property goes to several heirs in different shares.

The executor of the will can be either one of the heirs or an outsider who does not participate in the division of property after the death of the testator and has no personal interest in this. The right to choose the person who serves as the executor remains with the testator.

He can indicate one or more executors in the text of the document itself. Often, the powers of the executor of a will are assigned to an outsider, since the presence of one’s own interest in the inheritance may interfere with the fair division of property.

There are 2 types of executors:

1. pre-designated by the testators, as mentioned in the will;
2. authorized by government agencies.

When drawing up a will specifying an executor, it is necessary to indicate his passport details and registration address, as well as the scope of inheritance rights that he will have to fulfill.

The application must include the surname, name and patronymic of the performer and his personal signature. Only after this will the citizen be officially admitted by the notary to the powers of executor.

Remuneration (Article 1136 of the Civil Code of the Russian Federation)

The work of the executor is paid by the heirs. The testator must understand this when drawing up the text of the will. It is advisable to include an executor in the process of distributing the inheritance when the inheritance requires constant care that the successors will not be able to provide.

The role of executor of the will must be paid, even if someone from among the heirs was invited to play this role. The size and amount of the remuneration is indicated by the testator (most often it is a percentage of the price of the inheritance or some valuable thing. The fixed amount specified when drawing up the will may become irrelevant by the time of the author’s death).

If the testator has not specified the amount and form of payment of the fee, the executor can only demand compensation for damages.

What rights and responsibilities does it have?

Powers are determined based on the tasks that require solutions to resolve possible controversial issues between the heirs. Regardless of the content of the goals, the citizen is endowed with certain responsibilities that he must follow and certain permissible rights.

The main rule that is mandatory for the executor to follow is strict compliance with the law when performing actions with the inheritance.

In addition, there are responsibilities such as:

• implementation of all necessary measures to ensure the protection of inherited property;
• notification to property applicants, legatees, and creditors that the inheritance has been opened;
• requiring the testator's debtors to fulfill existing obligations;
• rational management of inheritance;
• ensuring that persons entitled to it in accordance with the law receive a mandatory share in the inheritance (even if they are not included in the will);
• guarantee of implementation and compliance by heirs with respect to legatees;
• timely notification of interested parties about refusal to perform assigned actions;
• compensation to heirs for losses arising due to the fault of the executor.

At the same time, the executor has the right:

• ask for remuneration for the exercise of powers;
• demand from the heirs compensation for expenses incurred by them for the protection, administration of property and execution of the will;
• refuse to exercise their powers, but subject to compliance with all required actions aimed at preserving the inheritance.

Legal status

A will is a transaction, albeit a one-sided one. This is clearly stated in the Civil Code of the Russian Federation (clause 5 of Article 1118). It follows from the norms of civil law that the parties to a transaction are endowed with certain rights and obligations. But since after his death the testator cannot act as a party to the transaction, he appoints an executor.

In Art. 182 of the Civil Code of the Russian Federation makes it clear that the person executing the last will of the deceased is not his representative. He performs all actions on his own behalf, albeit in the interests of others.

It turns out that the executor is only an intermediary between the parties to the will and fulfills his obligations in strict accordance with the law. At the same time, he is not obliged to assume these functions if he does not have such a desire.

Performer rights

Each person considers it necessary to fully fulfill his obligations to his family. Sometimes he does not have time to do this during his lifetime, so he reflects the last expression of will in an official document and appoints an executor. Based on this, a list of rights that the executor has is formed. He has the right:

1. regulates the process of execution of the last will of the testator;
2. notifies relatives of the death of the testator;
3. gains access to information regarding the inheritance;
4. takes a leading role in the process of distribution of inherited shares;
5. makes demands on relatives to carry out the will of the deceased in accordance with the will;
6. if a legal dispute arises, he participates in the process on his own behalf, but with the aim of protecting the interests of the deceased.

Based on the powers granted to the executor of the will, he is endowed with a special legal status, giving him the opportunity to regulate the execution of the last will of the deceased, up to the entry into the inheritance of the persons listed in the will.

Range of duties

Having given his consent to the execution of the last will of the testator, the executor accepts certain obligations, which are confirmed by clause 2 of Art. 1135 of the Civil Code of the Russian Federation.

What are these obligations? Among them are:

• Carrying out work aimed at executing a will is the main responsibility;
• property management until all issues regarding acceptance of inheritance are resolved;
• fulfillment of the conditions under which property passes to the heirs;
• ensuring the safety of property;
• determining the volume of the testator’s property as a whole, as well as receiving its component parts from the persons in whose use it is located;
• execution of a testamentary assignment or testamentary refusal, as well as the requirement to perform these actions from the heir of the deceased (Articles 1137, 1139 of the Civil Code of the Russian Federation).

Responsibilities are assigned to the executor only within the limits of one will and relate only to the specified document. He must be clearly aware that he is obliged to act, guided by the contents of the will , without going beyond its scope and without breaking the law.

Procedure for appointing an executor

As mentioned earlier, it is better to appoint a person with legal knowledge to act as the executor of the will. There are no official requirements for this person; however, it is recommended to choose a literate citizen with a higher education so that he can understand all the intricacies of the inheritance matter.

In addition, it is understood that the future performer must be:

• adult;
• capable;
• able-bodied.

In order for a citizen to become an executor, his consent must first be obtained. It can be requested before or after the date of opening of the inheritance, and is expressed in the form of his own handwritten inscription on the will or a separate statement of consent, which is attached to the order.

Next, the notary issues the executor a document certifying his authority. His rights and obligations are valid until the testator’s last will, expressed in the order, is fully implemented.

When fulfilling his obligations, the executor should not consult with the heirs and, even if necessary, select several people who will be entrusted with monitoring the transfer of parts of the property.

In some situations, the executor is appointed by the claimants to the property themselves on the day the inheritance opens. In practice, often such a chosen one becomes one of the heirs who understands the procedure for acquiring rights and has knowledge in this area.

The executor of the will of the testator is considered officially appointed when his last name, first name and patronymic are included in the will, correctly drawn up and certified by a notary.

If the document is declared invalid, the citizen loses the status of executor.

What difficulties might you encounter?

Nowadays, the fulfillment of the citizen’s last will is given special significance. This is especially true for inheritance, which, in addition to cash and property, includes:

1. firms and enterprises;
2. securities;
3. debentures;
4. weapon;
5. And so on.

Therefore, modern executors have a difficult time. There are frequent cases of litigation between heirs , as well as disagreements between the executor of the last will of the deceased and the heirs of the latter.

Anyone who has taken upon himself the burden of fulfilling the last will of the deceased needs to be well versed in the realities of modern inheritance law and have the appropriate legal knowledge.

And while endless litigation is ongoing, the executor is obliged to ensure the protection of the inherited property , as well as its management.

In addition, there are often cases when the creditors of the deceased present their claims to the executor. And although in accordance with Art. 1175 of the Civil Code of the Russian Federation, settlements with them must be carried out by the heirs, he must take these requirements into account when distributing shares of the inheritance.