Albacea as executor of the testator’s will, shall have all the powers the testator chooses to bestow, excluding any which are unlawful. This is important because, if there are inheritors with rights to a reserved share, it will be deemed unlawful to sell assets without their consent before the sharing out and payment of the reserved share. So the Albacea can be authorised to sell, assigning the proceeds to the designated destination with the consent of the inheritors with a reserved share, if any.

Apart from that, the Albacea will have powers to the custody of the estate, allowing the assets to be used in the usual way, but always following the testator’s instructions and receiving their products, interests or rents on behalf of the estate, or distributing them according to the testator’s will. In general, the Albacea should comply with all the duties required by the testator unless they are forbidden, such as appointing a beneficiary not previously intended by the testator.

If the testator has appointed an Albacea, but has not recorded the tasks to be undertaken, the Albacea will only have those tasks settled by the law, which are: To pay for the funeral, to pay any cash legacies (with the knowledge and consent of the heirs) and to take all precautions needed for the safety of the assets.

The Albacea is an unpaid role unless the testator has settled a payment, or a professional is appointed, either for the sharing out or for any legal duties, in which case a fee will be presumed to be paid.

The Albacea must complete this task within the time given by the testator or, if not, within a year of his acceptance of the appointment. In the will, this time limit can be extended, if not stated otherwise, for a year more.

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