French Civil Code

The testator may appoint one or more executors with full civil capacity to see to or carry out the execution of his wishes. The executor who has accepted his mission is bound to carry it out. The powers of the executor are not transmissible in death.

The executor may be relieved of his duties on serious grounds by the court.

If there are several accepting executors, one of them may act in default of the others, unless the testator has provided otherwise or divided their office.

The executor is called into question in the event of a dispute over the validity or execution of a will or legacy. In all cases, he or she intervenes to support the validity or demand the execution of the disputed provisions.

The executor shall take any precautionary measures useful for the proper execution of the will. He may cause an inventory of the estate to be made, in the manner provided for in Article 789, whether or not in the presence of the heirs, after having duly summoned them. He may cause the furniture to be sold if there are insufficient liquid assets to pay the urgent debts of the succession.

The testator may empower the executor to take possession of all or part of the furniture of the estate and to sell it if it is necessary to discharge the particular legacies within the limit of the available portion.

In the absence of an accepting heir reservataire, the testator may empower the executor to dispose of all or part of the immovables of the succession, receive and invest the capital, pay the debts and charges and proceed with the allocation or division of the remaining property between the heirs and legatees. On pain of unenforceability, the sale of a property of the succession may only take place after the…

Where the will has been drawn up in authentic form, delivery in possession is not required for the execution of the powers mentioned in Articles 1030 et 1030-1.

The authorisations mentioned in articles 1030 and 1030-1 are given by the testator for a period which may not exceed two years from the opening of the will. An extension of up to one year may be granted by the judge.

The executor’s mission ends at the latest two years after the opening of the will unless extended by the judge.