Article 2320 - Notion The executor is the person appointed by the testator to ensure that the will’s dispositions are fulfilled.
Article 2321 - Who can be appointed executor Anyone can be appointed executor, except those expressly excluded by law, such as unemancipated minors or interdicted persons.
Article 2322 - Acceptance or refusal The executor must accept or refuse the office. Acceptance can be express or tacit, while refusal must be express.
Article 2323 - Acceptance Acceptance of the executor’s office can be made through express declaration or by acts that demonstrate the intention to exercise the office.
Article 2324 - Refusal Refusal must be express and can be made before or after the opening of the will.
Article 2325 - Executor’s attributions The executor is responsible for executing the will’s dispositions, administering the inheritance’s assets, and fulfilling legacies and testamentary charges.
Article 2326 - Supplementary disposition In the absence of specific dispositions by the testator, the executor must act according to supplementary legal dispositions.
Article 2327 - Fulfillment of legacies and other charges The executor must ensure the fulfillment of legacies and charges imposed by the testator, using the inheritance’s assets for this purpose.
Article 2328 - Sale of assets The executor can sell inheritance assets, if necessary, to fulfill legacies and charges, provided such sale is not prohibited by the testator.
Article 2329 - Plurality of executors If there are several executors, they must act jointly, unless otherwise provided by the testator.
Article 2330 - Excuse of executor The executor can excuse themselves from the office in cases provided by law, with justification.
Article 2331 - Removal of executor and expiration of plural executorship The executor can be judicially removed if they do not fulfill their duties with prudence and diligence. If there are several executors and there is no agreement between them, all or some can be removed.
Article 2332 - Rendering of accounts The executor must render accounts annually to heirs and legatees about the administration of the inheritance.
Article 2333 - Remuneration The executor’s office is free, except if the testator has established remuneration.
Article 2334 - Non-transferability The executor’s function is not transferable, neither during life nor by death, but the executor can use assistants in the execution of the office, such as a proxy.
This regime aims to ensure that testamentary dispositions are fulfilled according to the testator’s will, ensuring adequate administration of the inheritance’s assets.