The executor: duties, rights, and oversight

The testator can appoint an executor who carries out the last will and administers or distributes the estate. This restricts the heirs in their disposal but protects the estate. Heirs are, however, not defenselessly at the executor's mercy, they have rights to oversight and information.

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The executor must carry out the testamentary dispositions and administer the estate (§ 2197 ff. BGB). Over items subject to the executorship, the heirs cannot freely dispose during this time.

The heirs are entitled to an inventory of the estate and to information. In case of gross breach of duty, they can apply to the probate court for the executor's removal (§ 2227 BGB).

What you should do now

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1. Clarify the task
Read the will: is it a winding-up or a continuing executorship, and how far do the powers reach?
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2. Demand an inventory
As an heir, demand an inventory of the estate and regular information about the administration.
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3. Check the remuneration
The executor is entitled to reasonable remuneration. Check whether it is within reason.
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4. Act in case of breach of duty
If the executor administers in breach of duty, damages and removal at the probate court come into consideration.

How to spot the scam

The executor does not present an inventory of the estate.
There is no comprehensible information about the administration.
An unreasonably high remuneration is taken.

Frequently asked questions

What may an executor do?

They carry out the last will and administer or distribute the estate within the scope of their instructions (§§ 2197 ff. BGB). Over items subject to the executorship, the heirs cannot freely dispose during this time.

What rights do I have as an heir?

You are entitled to an inventory of the estate and to information about the administration. The executor must act properly. In case of breaches of duty, damages and removal come into consideration.

Can an executor be removed?

Yes. In case of gross breach of duty or inability to conduct the affairs properly, the probate court can remove the executor upon application (§ 2227 BGB). You must set out the grounds.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.