In short
Nobody can be forced to be an albacea, administrator or contador partidor: Article 1750 says so in one line, without exceptions — the office of executor is voluntary. But the next article adds a nuance worth knowing before leaving a letter unanswered. Article 1751 recognises three classes of acceptance. The express one, made in a public or private document. The tacit one, made by acts that necessarily suppose the will to accept, or that one would have no right to perform except with the quality of executor. And the legal one, imposed by law by the passing of the fifteen days following a requirement to the designee that they accept or repudiate the office. That third one is the surprise: voluntary does not mean nothing happens if you ignore the requirement. If you are required and let fifteen days pass, the law treats you as having accepted. Once in, Article 1752 sets a clock: an executor with no term fixed must fulfil their charge within one year, counted from their acceptance or from the end of the litigation raised over the efficacy of the will or any of its dispositions. Two possible starting points. And there are three ways to lengthen that year. The testator may extend it, but must do so expressly, and if they do not indicate a term it is understood extended by one more year (Article 1753). The heirs may extend it by unanimity for the time they deem necessary, but if the agreement is only by majority the extension may not exceed one year (Article 1754): unanimity buys unlimited time, a majority buys twelve months. And the court may grant an extension for the time necessary according to the circumstances of the case (Article 1755). What these articles do not say is who may make the requirement of Article 1751, in what form it is made or how it is proved; nor do they say how the office is repudiated or what happens if the charge is not fulfilled within the term.
What is it?
They are Articles 1750 to 1755 of the Civil Code of 2020: the voluntary nature of the executor’s office, the three classes of acceptance, the one-year term to fulfil it and the three ways of extending it.
Who can do it?
Whoever was designated albacea, administrator or contador partidor of an estate, and the heirs waiting for them to perform.
Requirements
- The office of executor is voluntary.Verified against the official source
- Acceptance may be express, tacit or legal; the legal one is imposed by law by the passing of the fifteen days following the requirement.Verified against the official source
- With no term fixed, the executor must fulfil their charge within one year from acceptance or from the end of the litigation over the will’s efficacy.Verified against the official source
- The heirs may extend by unanimity for the time they deem necessary; by majority, the extension may not exceed one year.Verified against the official source
Documents you need
Cost
Step by step
Step 1: Nobody is obliged
Article 1750: the office of executor is voluntary. One line, no exceptions.
Step 2: Express acceptance
Article 1751: the one made in a public or private document. No notary is required for it to hold.
Step 3: Tacit acceptance
The one made by acts that necessarily suppose the will to accept, or that one would have no right to perform except with the quality of executor.
Step 4: Legal acceptance: fifteen days
The one imposed by law by the passing of the fifteen days following a requirement to the designee to accept or repudiate the office.
Step 5: Voluntary is not “nothing happens”
Articles 1750 and 1751 coexist like this: nobody forces you to accept, but if you are required and stay silent fifteen days, the law treats you as accepting.
Step 6: One year to perform
Article 1752: an executor with no term fixed must fulfil their charge within one year.
Step 7: From when it is counted
From their acceptance, or from the end of the litigation raised over the efficacy of the will or any of its dispositions. Two possible starting points.
Step 8: The testator’s extension
Article 1753: they may extend the term, but must do so expressly. If they extend without indicating a term, it is understood extended by one year.
Step 9: The heirs’ extension, by unanimity
Article 1754: by unanimity they may extend for the time they deem necessary.
Step 10: And by majority, only one year
The same article: if the agreement is only by majority, the extension may not exceed one year.
Step 11: The court’s extension
Article 1755: if the term passes without the testator’s will having been fulfilled, the court may grant an extension for the time necessary according to the circumstances of the case.
Step 12: What these articles do not say
They do not say who may make the requirement, in what form, or how it is proved; they do not say how the office is repudiated; and they do not say what happens if the charge is not fulfilled within the term.
Where to do it
Express acceptance is made in a public or private document, without going through any agency. The only article that leads to court is 1755, to request an extension when the term has expired. The Code does not say before which court, in what form or at what fee.
How long it takes
What to do if something goes wrong
If you were named albacea and do not want to be, Article 1750 covers you: the office is voluntary. But do not let it run without answering. If someone formally requires you to accept or repudiate and you let fifteen days pass, Article 1751 turns that silence into legal acceptance. If you already accepted and are asked how long you have, Article 1752 gives one year, counted from your acceptance or from the end of the litigation over the will’s efficacy. If you need more time, there are three doors: the will, if the testator extended it expressly; the heirs, who by unanimity may give you the time they deem necessary but by majority only one year; and the court, which may extend according to the circumstances. What you will not find here is who may make the requirement, in what form, or how the office is repudiated in writing: the Code does not say in this section. Nor does it say what consequence follows from not performing within the term. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Believing ignoring the appointment is enough not to accept: fifteen days from the requirement accept it by law.
- Thinking “voluntary” means silence produces no effects: Article 1751 says otherwise.
- Assuming express acceptance requires a public deed: the article admits a private document.
- Counting the year always from acceptance: it may also run from the end of the litigation over the will’s efficacy.
- Believing the testator may extend the term tacitly: Article 1753 requires it be done expressly.
- Thinking the heirs by majority may give all the time they want: by majority the cap is one year.
- Forgetting that a testator’s extension with no term indicated is understood as one year.
- Looking in this section for how the office is repudiated: the Code does not describe the form.
Frequently asked questions
I was named albacea. May I decline?
Article 1750 says the office of executor is voluntary.
What happens if I do not answer the requirement?
Article 1751 says the legal acceptance is the one imposed by law by the passing of the fifteen days following a requirement to the designee to accept or repudiate the office.
How long does the executor have to perform?
Article 1752 says an executor with no term fixed must fulfil their charge within one year counted from their acceptance, or from the end of the litigation raised over the efficacy of the will or any of its dispositions.
May the heirs give them more time?
Article 1754 says that by unanimity they may extend the term for the time they deem necessary, but that if the agreement is only by majority the extension may not exceed one year.
Official sources
These are the government pages this guide is based on.
- Poder Judicial de Puerto Rico
Poder Judicial
bvirtualogp.pr.gov
Last verified
September 11, 2026
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Did you find out-of-date information?
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