Executor of the will

There is no legal executor of the estate unless one is appointed by the testator in the will.

The executor is an “Albacea” and/or “Contador Partidor”. The latter has the task of sharing out the estate.

Albacea y Contador Partidor can be the same person.

The best advice in ordering your own inheritance is to appoint a Contador Partidor.
However, there are some actions he or she can not undertake.

A Contador Partidor can not:

  • Sell any assets. Only an Albacea will be entitled to sell but if there are beneficiaries with a reserved share, their consent will be needed.
  • Pay the deceased’s debts. He can, however, give certain assets to some beneficiaries to sell and pay off existing debts.

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