Guide

Executor: what they may do and what the heirs can demand

Checked on 05.11.2026

Translated from German. Where anything differs, the German text counts: Deutsche Fassung

The will names someone not everyone knows: this person is to settle the estate. For the heirs this is unfamiliar. The estate belongs to them, but someone else decides about it.

What generally applies

• Only by will or inheritance contract. Only the deceased can appoint an executor (Testamentsvollstrecker) (§ 2197 BGB). The heirs cannot appoint one.
• They administer the estate. They may take possession of the estate items and dispose of them (§ 2205 BGB). They may make gifts only as a moral duty or decency requires.
• Meanwhile the heirs cannot dispose. An heir cannot dispose of an item under the executor's administration (§ 2211(1) BGB). Selling the house, closing the account: the executor does that, not the community of heirs.
• Their task is to carry out the deceased's instructions and, if there are several heirs, to bring about the division among them (§§ 2203, 2204 BGB). The deceased can set the task narrower or wider, including administration for years.

What the heirs can demand

• An inventory. Without delay after accepting the office, the executor must give the heirs an inventory of the estate items and known debts (§ 2215(1) BGB).
• Information and accounts. The rules of mandate apply; with longer administration the heirs can demand annual accounts (§ 2218 BGB).
• Proper administration. If the executor culpably breaches their duties, they are liable to the heirs for the damage (§ 2219 BGB).
• Dismissal. On the application of a party, the probate court can dismiss the executor for good cause, in particular gross breach of duty or inability to manage properly (§ 2227 BGB). Dissatisfaction alone is not enough.

What it costs

The executor can claim reasonable remuneration unless the deceased provided otherwise (§ 2221 BGB). The law sets no table. In practice a percentage of the estate's value is used, rising with scope and difficulty. If the will set a remuneration, that applies. It is paid from the estate.

How to recognise them

The office begins when the executor accepts it before the probate court. On application the court issues a certificate with which they identify themselves to the bank and land registry. The executorship is noted on the certificate of inheritance and in the land register.

What helps

• Read the will: what exactly is the task, for how long, with what remuneration?
• Request the inventory in writing and compare it with what you know yourself.
• Record questions and answers in writing, with dates.
• Document your own expenses. What an heir paid for the estate belongs in the accounts.

Whether the executor's conduct is a breach of duty is for a lawyer to assess; the probate court decides on dismissal.