What is an executor?

An executor is a person appointed in a will with the authority to settle the estate. The testator (the person who has died) can appoint an executor in the will. The executor may be an heir, but this is not required. Sometimes an executor is appointed from external professionals such as an accountant, a civil-law notary, or an inheritance lawyer. It is possible to appoint one or more executors.

What does an executor have to do?

Duties of an executor

Dutch law grants an executor certain powers and also imposes duties. One of the executor’s duties is to draw up an inventory of the estate (boedelbeschrijving): an overview of the assets and debts as at the date of death. The executor must do this promptly, i.e. not long after the death. The inventory must include, at minimum, a provisional overview of debts.

The executor’s duties include managing the estate from the moment of death until it has been settled. The deceased may assign specific tasks to the executor, such as arranging the funeral.

During this period, the executor must keep the heirs informed of their actions. Once the duties have been completed, the executor must account to the heirs and provide a full report.

Once an executor has been appointed, the heirs are not permitted to settle the estate themselves. The executor’s role ends once the estate has been settled. The heirs may then distribute the estate.

Appointing an executor

The testator may already have appointed an executor in the will. If not, you can appoint an executor together with any other heirs. In that case, you may also choose to appoint one of the heirs as executor. The executor then acts on behalf of the heirs.

Difference between an executor and an estate liquidator (vereffenaar)

There is an important difference between an executor and a vereffenaar (estate liquidator). An executor is appointed in the testator’s will. The executor manages the estate. If there is no will, there is therefore no executor.

If the estate has been accepted under the benefit of inventory (beneficiair aanvaard) and no formal executor has been appointed, all heirs are jointly responsible for the liquidation of the estate. If the heirs cannot reach agreement, or if there are doubts as to whether the estate is sufficient to pay all debts, the court may appoint an independent vereffenaar (estate liquidator).

WHY ENGAGE OUR INHERITANCE LAWYERS?

Is it unclear from the will who has been appointed as executor? Are you and the other heirs unable to agree on who should be appointed as executor? Or would you like to know more about the duties of an executor? Please contact one of our experienced inheritance lawyers.

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