Executor

The personal representative the deceased themselves named, usually in a will.

62 jurisdictions · 26 countries · role id personal-representative-executor

Africa

Mauritius

Exécuteur testamentaire — Testamentary executor

Named by the testator. The executor seals the estate where there are minor, protected or absent heirs, has the inventory made in the presence of the presumptive heir, and provokes the sale of movables where there is not enough money to meet the legacies. A minor cannot serve, even with a guardian’s authority.

Assigned: Testator names an exécuteur testamentaire; a minor cannot serve, even authorised by a tuteur or curateur Capable
Starts: On death, the executor seals the estate where heirs are minor, under tutelle or absent, and has the inventory made in the presence of the presumptive heir Deceased
Ends: Inventory made, movables sold where necessary and the will carried out Estate administration

Something missing or wrong for Mauritius?

Code Civil Mauricien, art 1030; Code Civil Mauricien, art 1031; Code Civil Mauricien, art 724

Rwanda

Testamentary executor

The testator may name one or several testamentary executors in the will, responsible for liquidating the estate. Where the will names none, an executor is appointed under the law instead — so the office is filled either way.

Assigned: Testator appoints one or several testamentary executors in the will, responsible for liquidating the estate Capable
Starts: On the opening of the succession; where the testator named nobody, an executor is appointed under the law Deceased
Ends: Estate liquidated, the acts being approved by the succession council Estate administration

Something missing or wrong for Rwanda?

Law nº 71/2024 of 26/06/2024 governing persons and family, art 369; Law nº 71/2024 of 26/06/2024 governing persons and family, art 354; Law nº 71/2024 of 26/06/2024 governing persons and family, art 388; Law nº 71/2024 of 26/06/2024 governing persons and family, art 387

South Africa

Executor testamentary

An executor nominated by will. Authority comes from the Master of the High Court issuing letters of executorship on written application, not from the will alone.

Assigned: Nominated as executor by a will that has been registered and accepted in the office of the Master Capable
Starts: Master issues letters of executorship on written application Estate administration
Ends: Estate liquidated and distributed Estate closed

Something missing or wrong for South Africa?

Administration of Estates Act 66 of 1965, s 14; Wills Act 7 of 1953, s 2; Administration of Estates Act 66 of 1965, s 18

Asia

China

Executor of a will (遗嘱执行人) — Executor of a will

A natural person may make a will disposing of their property and may name an executor in it, and may set up a testamentary trust. The will can be withdrawn or varied at any time, and a later inconsistent act counts as a withdrawal. Once succession opens, the named executor is the estate administrator, so the duties are those of that office.

Assigned: The testator names an executor in a will, and may also set up a testamentary trust Capable
Starts: Succession opens on death, and the executor is the estate administrator Deceased
Ends: The testator withdraws or varies the will, or performs an act contrary to it, which counts as a withdrawal of the relevant content Capable
: The duties of the office are discharged: the estate is cleared, reported, protected, its debts dealt with and the estate divided Estate administration

Something missing or wrong for China?

中华人民共和国民法典第一千一百三十三条; 中华人民共和国民法典第一千一百二十一条; 中华人民共和国民法典第一千一百四十五条; 中华人民共和国民法典第一千一百四十二条; 中华人民共和国民法典第一千一百四十七条

India

Executor

Probate is granted only to an executor appointed by the will. The executor is the deceased’s legal representative for all purposes and the property vests in them, though property passing by survivorship is excluded. Until 20 December 2025 s 213 also barred any right as executor or legatee from being established in court without a grant; that section has been omitted, and the Act no longer says what starts the authority in its place.

Assigned: Testator appoints an executor by the will, expressly or by necessary implication Capable
Starts: On grant of probate, which is granted only to an executor appointed by the will (s 222). The s 213 bar on establishing any right as executor or legatee without a grant was omitted with effect from 20 December 2025, so the Act no longer makes the grant a precondition — and does not say what starts the authority instead Estate administration
Ends: Administration of the estate completed Estate closed

Something missing or wrong for India?

The Indian Succession Act, 1925 (Act 39 of 1925), s 222; The Indian Succession Act, 1925 (Act 39 of 1925), s 211; The Indian Succession Act, 1925 (Act 39 of 1925), s 213 (omitted); The Repealing and Amending Act, 2025 (Act 37 of 2025), s 3 and Second Schedule

Japan

Executor of a will (遺言執行者) — Executor of a will

Designated by the testator in the will, or by a third party the testator entrusts with the choice. The executor holds the right and duty to do everything necessary to realise the will — and where there is an executor, only the executor may perform a bequest.

Assigned: Testator designates one or more executors in the will, or entrusts the designation to a third party who must then designate and notify the heirs without delay Capable
Starts: On the commencement of inheritance; the executor manages the estate and does everything necessary to realise the will Deceased
Ends: The content of the will is realised Estate administration

Something missing or wrong for Japan?

民法（明治二十九年法律第八十九号）第1006条; 民法（明治二十九年法律第八十九号）第1012条; 民法（明治二十九年法律第八十九号）第882条

Singapore

Executor

Probate may be granted to any executor appointed by a will, and the appointment may be express or implied. Where a will appoints several, probate may issue to one or more without prejudice to a later grant to the others.

Assigned: Will appoints an executor, expressly or by implication Capable
Starts: On the grant of probate; where several are appointed, probate may be granted to one or more of them Estate administration
Ends: Administration of the estate completed Estate closed

Something missing or wrong for Singapore?

Probate and Administration Act 1934, s 8

South Korea

Executor of a will

Designated in the will, or by a third person the testator commissions. Where nobody is designated, the heir is the executor by operation of law. The executor manages the property given by will and does what is needed to carry it out.

Assigned: Testator designates an executor by will, or commissions a third person to designate one Capable
Starts: On the testator’s death the executor holds the right and duty to manage the bequeathed property and to perform the acts necessary to carry out the will Deceased
Ends: The acts necessary to carry out the will are performed Estate administration

Something missing or wrong for South Korea?

Civil Act (Republic of Korea), Article 1093; Civil Act (Republic of Korea), Article 1101; Civil Act (Republic of Korea), Article 997

Europe

Denmark

Bobestyrer indsat ved testamente — Estate administrator appointed by will

Denmark's nearest equivalent to an executor: the deceased may direct in a will that the estate be administered by a bobestyrer, which is one of the grounds for release.

Assigned: The deceased so directed by will Capable
Starts: On the court releasing the estate on that ground Estate administration
Ends: Administration completed Estate closed

Something missing or wrong for Denmark?

Dødsboskifteloven, LBK nr. 1807 af 3. september 2021 § 36

Finland

Testamentin toimeenpanija — Executor of a testament

Someone appointed by will to administer the estate in place of the heirs and universal legatees; they too may apply for the administration order.

Assigned: Appointed by will to hold the estate in place of the heirs Capable
Starts: On death Deceased
Ends: Administration completed Estate closed

Something missing or wrong for Finland?

Perintökaari 40/1965 19 luku 1 §

France

Exécuteur testamentaire — Executor of the will

Named by will to see to the execution of the testator's wishes, layered on top of the heirs' automatic seisin. Once accepted the office is binding, and its powers die with the holder.

Assigned: Testator names one or more executors having full civil capacity Capable
Starts: On death and acceptance of the mission, which the executor is then bound to carry out Deceased
Ends: Mission completed; the powers are not transmissible on death of the executor Estate closed

Something missing or wrong for France?

Code civil, art. 1025

Germany — federal law

Testamentsvollstrecker — Executor

An executor exists only where the testator appointed one by will. He administers the estate and may dispose of its assets, displacing the heirs' control.

Assigned: Appointed by the testator in a will Capable
Starts: On acceptance of the office after death Deceased
Ends: Office completed or falls away Estate closed

Something missing or wrong for Germany — federal law?

BGB § 2197; BGB § 2205

Ireland

Executor

The estate vests in the personal representatives at the moment of death, before any grant, and they hold it as trustees for those entitled.

Assigned: Testator names an executor in a will Capable
Starts: On death the estate devolves on and vests in the personal representatives, notwithstanding any testamentary disposition; the grant of probate proves the title Deceased
Ends: Administration completed and the estate distributed to those entitled Estate closed

Something missing or wrong for Ireland?

Succession Act 1965, s 10

Italy

Executor of a will (esecutore testamentario) — Executor of a will

The testator may name one or more executors, and substitutes for any who will not or cannot accept. The executor must see that the last wishes are exactly carried out, is joined in actions concerning the estate during their management, must account at the end of it, and may be removed by the court for grave irregularity. Expenses of the office fall on the estate.

Assigned: The testator names one or more executors in the will, and may name substitutes for any who will not or cannot accept Capable
Starts: The executor takes up the office and must see that the deceased’s last wishes are exactly carried out; actions concerning the estate are brought against the executor as well during the management Estate administration
Ends: The executor accounts for the management at its end, and in any event once a year has passed since the testator’s death Estate administration
: The court removes the executor from office for grave irregularity, on the application of any interested party Estate administration

Something missing or wrong for Italy?

Codice civile art. 700; Codice civile art. 703; Codice civile art. 704; Codice civile art. 709; Codice civile art. 710

Netherlands

Executeur — Executor

Appointed only by will, and layered on top of the heirs' automatic succession rather than replacing it. Where there are several, each may act alone unless the testator said otherwise.

Assigned: Testator appoints one or more executeurs by testamentary disposition Capable
Starts: On death and acceptance of the office; the heirs have already succeeded of right Deceased
Ends: Administration completed, or the kantonrechter appoints a replacement where a named executeur is lacking Estate closed

Something missing or wrong for Netherlands?

Burgerlijk Wetboek Boek 4, art. 4:142; Burgerlijk Wetboek Boek 4, art. 4:182

Spain — state law

Albacea — Executor

An executor exists only if the testator named one; the heirs otherwise hold the estate directly.

Assigned: Named by the testator Capable
Starts: On death and acceptance of the office Deceased
Ends: Office discharged Estate closed

Something missing or wrong for Spain — state law?

Código Civil art. 892

Sweden

Testamentsexekutor — Executor under the will

Someone named in a will to administer the estate in place of the heirs and universal legatees; they may also ask the court for an administration order.

Assigned: Named by will to take the heirs' place in administering the estate Capable
Starts: On death Deceased
Ends: Administration completed Estate closed

Something missing or wrong for Sweden?

Ärvdabalk (1958:637) 19 kap. 1 §

UK — England & Wales

Executor

An executor is named in the will. Their title and authority come from the will and start at the moment of death. The grant of probate from the High Court (Family Division probate registry) does not create that authority. It is the only way to prove it, and most asset holders ask to see it.

Assigned: Testator names executor in a valid will Capable
Starts: At the testator's death: estate vests in the executor; may act (and even start proceedings) before probate, but needs the grant to prove title Deceased
Ends: Estate fully administered: debts, taxes and legacies paid, residue distributed. No formal discharge exists Estate closed
: Executor gives up the right to apply for probate (renunciation, form PA15) or holds power reserved Deceased
: Grant revoked, or court passes over the executor and appoints an administrator in special circumstances Estate administration

Something missing or wrong for UK — England & Wales?

Jennison v Jennison [2022] EWCA Civ 1682, paras 15-18; Non-Contentious Probate Rules 1987, SI 1987/2024, r 20; Administration of Estates Act 1925 s 1; Administration of Estates Act 1925 s 25; GOV.UK, Applying for probate; Senior Courts Act 1981 s 25; Senior Courts Act 1981 s 116; Oldham MBC v Makin [2017] EWHC 2543 (Ch), para 9 (quoting Buchanan v Milton [1999] 2 FLR 844, 845-6)

UK — Northern Ireland

Executor (grant of probate)

The executor named in the will has first priority for a grant of probate from the Probate Office (High Court). The deceased's real and personal estate vests in the personal representatives. The executor should distribute as soon as reasonably practicable, and beneficiaries normally cannot sue for non-distribution within the first year.

Assigned: Testator names executor in will Capable
Starts: Executor's title derives from the will at death. Most asset holders require the grant of probate. Deceased
Ends: Estate distributed Estate closed

Something missing or wrong for UK — Northern Ireland?

Rules of the Supreme Court (Northern Ireland) 1980 Order 97 r 18; Administration of Estates Act (Northern Ireland) 1955 s 1; nidirect, 'Probate'; Administration of Estates Act (Northern Ireland) 1955 s 41

UK — Scotland

Executor-nominate (with confirmation)

The executor named in the will, or failing one, the testamentary trustees, then a general disponee or universal or residuary legatee. The executor lodges an inventory at the sheriff court and obtains confirmation, which vests the estate in them for administration.

Assigned: Testator names an executor in the will (or s 3 of the 1900 Act supplies one) Capable
Starts: On confirmation by the sheriff court. Banks and other holders typically require confirmation before releasing assets. Estate administration
Ends: Estate ingathered and distributed (no statutory discharge step located) Estate closed
: If all confirmed executors die or become incapable, confirmation becomes inoperative. Remaining estate needs confirmation ad non executa. Estate administration

Something missing or wrong for UK — Scotland?

Executors (Scotland) Act 1900 s 3; Succession (Scotland) Act 1964 s 14(1); Scottish Courts and Tribunals Service, 'Guide to dealing with a deceased's estate in Scotland'; Executors (Scotland) Act 1900 s 7

North America

Canada — British Columbia

Executor (grant of probate)

The executor named in a will gets authority from the will at death, and the estate vests in the executor on assuming office. To deal with most assets the executor applies to the Supreme Court for a grant of probate. The executor must first deliver notice (Form P1) to beneficiaries and others, then wait at least 21 days. The grant gives exclusive authority, and the executor is finished when discharged by the court.

Assigned: Will-maker names executor in will Capable
Starts: At death (executor assumes office; estate vests); exclusive authority confirmed by grant of probate after the notice period Deceased
Ends: Appointment revoked before death because will-maker and executor-spouse ceased to be spouses (unless contrary intention in will) Capable
: Renunciation, or death before probate / failure to appear (forfeiture) Deceased
: Removal or passing over by court, or revocation of grant Estate administration
: Court order discharging the personal representative after accounts Estate closed

Something missing or wrong for Canada — British Columbia?

Supreme Court Civil Rules, BC Reg 168/2009, Rule 25-1; Wills, Estates and Succession Act, SBC 2009, c 13, s 102; Wills, Estates and Succession Act, SBC 2009, c 13, ss 136-137; Supreme Court Civil Rules, BC Reg 168/2009, Rule 25-2(1), (2.1), (3); Wills, Estates and Succession Act, SBC 2009, c 13, s 56; Wills, Estates and Succession Act, SBC 2009, c 13, ss 104-105, 108; Wills, Estates and Succession Act, SBC 2009, c 13, ss 157-159; Wills, Estates and Succession Act, SBC 2009, c 13, s 141

Canada — Ontario

Estate trustee with a will (executor)

The executor's authority comes from the will and takes effect at death. The estate vests in the personal representative. A court certificate of appointment of estate trustee ('probate') confirms that authority and is normally needed in practice when there is real property or financial-institution assets. For estates of $150,000 or less, a small estate certificate under rule 74.1 is available.

Assigned: Testator names the executor in a valid will Capable
Starts: On the testator's death, property vests in the personal representative. A certificate of appointment (r 74.04) or small estate certificate (r 74.1.03) confirms authority where third parties require it. Deceased
Ends: Executor renounces before acting: rights as executor wholly cease Deceased
: Court removes the personal representative Estate administration
: Spouse-executor's appointment revoked: divorce or nullity after the will, or spouses separated at death under s 17(4) Deceased
: Estate fully administered: debts paid, accounts passed or approved, property distributed Estate closed

Something missing or wrong for Canada — Ontario?

Government of Ontario, Apply for probate for an estate; Estates Administration Act, RSO 1990, c E.22, s 2(1); Rules of Civil Procedure, RRO 1990, Reg 194, r 1.03 "certificate of appointment of estate trustee"; Rules of Civil Procedure, RRO 1990, Reg 194, r 74.04; Rules of Civil Procedure, RRO 1990, Reg 194, rr 74.1.01-74.1.06; Government of Ontario, Administering estates; Estates Act, RSO 1990, c E.21, s 34; Trustee Act, RSO 1990, c T.23, s 37; Succession Law Reform Act, RSO 1990, c S.26, s 17(2)-(5); Rules of Civil Procedure, RRO 1990, Reg 194, rr 74.16-74.18

Canada — Québec

Liquidator of the succession designated by will

A testator may designate one or more liquidators. Anyone so designated, whether called executor or administrator, is a liquidator. From the opening of the succession at death, the liquidator exercises the seisin of the heirs with no court grant. A notarial will needs no probate, but a holograph or witnessed will must first be probated by the court or a notary. Liquidation ends with the final account and discharge.

Assigned: Testator designates liquidator in will Capable
Starts: Opening of the succession at death (seisin from the opening); for holograph or witnessed wills, the will must be probated by the court or a notary Deceased
Ends: Liquidator declines office (not bound to accept unless sole heir) Deceased
: Court replaces liquidator who is unable, neglects duties or fails obligations Estate administration
: Acceptance of final account; liquidator discharged and delivers property to heirs; closure published in the register of personal and movable real rights Estate closed

Something missing or wrong for Canada — Québec?

Civil Code of Québec, arts 786-787; Civil Code of Québec, art 613; Civil Code of Québec, arts 777-778; Civil Code of Québec, art 772; Civil Code of Québec, arts 802-804; Gouvernement du Québec, 'Probating the will' (quebec.ca); Civil Code of Québec, arts 783-784; Civil Code of Québec, arts 788, 791-792; Civil Code of Québec, arts 819-822

Mexico — federal law

Albacea nombrado por el testador — Executor named by the testator

An executor named in the will, who presents the will, secures the estate's property, makes the inventory, administers and accounts.

Assigned: Testator names one or more albaceas Capable
Starts: On taking up the office after death Estate administration
Ends: Accounts rendered and the office discharged Estate closed

Something missing or wrong for Mexico — federal law?

Código Civil Federal, art. 1681; Código Civil Federal, art. 1706