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A will cannot exempt an executor from accounting: the clause is held as not written

Last reviewed: September 11, 2026VerifiedPoder Judicial

In short

An estate executor does not only administer: they must leave a record of what they do. Article 1764 sums it up: they are obliged to make the inventory of the goods, to render the accounts, and to fulfil the other obligations imposed by the testator or by the court. Article 1765 sets two consecutive clocks that should not be added up wrong. They must begin to form the inventory within the thirty days of the acceptance of their office, and must conclude it within the next sixty days from having begun the inventory. The sixty run from when the inventory starts, not from acceptance. Article 1766 allows stretching the second term by two different routes: the heirs may extend it unanimously, and failing unanimous agreement the court may extend it if there is just cause. And it adds a cap, but note whom it binds: “in that last case, the extension must not exceed six months”. Under the text, that six-month ceiling falls on the judicial extension; the heirs’ unanimous extension carries no express cap here, and this guide does not put one on it that the Code did not write. Article 1767 is the one that most protects the heirs. It obliges the executor to render quarterly accounts, in writing and in detail, to the heirs, and to render a final account once three months have passed from the conclusion of the charge. And its second paragraph closes the door on any attempt to skip it: any testamentary disposition exempting the executor from the obligation to render the accounts is held as not written. Compare it with the bond: the testator may exempt the executor from posting one (Article 1757), but may not exempt them from accounting. What these articles do not say is what the inventory must contain — Article 1782, already in the partition Title, defines that — what just cause is, who approves the final account or how, and what happens if the executor misses the terms.

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What is it?

They are Articles 1764 to 1767 of the Civil Code of 2020: the executor’s inventory and accounting duties, their terms, the extensions and the ban on exempting them from accounting.

Who can do it?

Whoever acts as albacea, administrator or contador partidor, and the heirs to whom they must account.

Requirements

Documents you need

Cost

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Step by step

  1. Step 1: The three obligations

    Article 1764: make the inventory, render the accounts and fulfil the other obligations the testator or the court impose.

  2. Step 2: Thirty days to begin

    Article 1765: they must begin to form the inventory within the thirty days of the acceptance of their office.

  3. Step 3: Sixty days to finish

    The same article: they must conclude it within the next sixty days from having begun the inventory.

  4. Step 4: The sixty do not run from acceptance

    They run from when the inventory starts. Two consecutive clocks, not a single ninety-day one.

  5. Step 5: The heirs’ unanimous extension

    Article 1766: the heirs may unanimously extend the sixty-day term.

  6. Step 6: Or the court’s extension with just cause

    Failing unanimous agreement, the court may extend it if there is just cause. The Code does not define just cause here.

  7. Step 7: The six-month cap

    The article ties it to the judicial route: “in that last case, the extension must not exceed six months”. The heirs’ unanimous extension carries no express cap here, and this guide does not put one on it.

  8. Step 8: Accounts every quarter

    Article 1767: quarterly accounts, in writing and in detail, to the heirs. All three conditions — quarterly, written, detailed — are in the text.

  9. Step 9: And a final account

    The same paragraph: a final account once three months have passed from the conclusion of the charge.

  10. Step 10: Nobody may exempt them from accounting

    Second paragraph: any testamentary disposition exempting the executor from the obligation to render the accounts is held as not written.

  11. Step 11: Compare it with the bond

    Article 1757 does let the testator exempt from the bond. From accounting, it does not. That is the useful difference between the two sections.

  12. Step 12: What these articles do not say

    They do not say what the inventory must contain — that is Article 1782, already in the partition Title — do not define just cause, do not say who approves the final account, and do not say what happens if the terms are missed.

Where to do it

The only moment these articles lead to court is the extension of Article 1766, when there is no unanimous agreement among the heirs. The Code does not say before which court it is requested, in what form or at what fee. The accounts are rendered to the heirs, not to an agency.

How long it takes

Check the current processing time with the official agency.

What to do if something goes wrong

If you are an heir and the executor does not inform you, Article 1767 is on your side: they must render you quarterly accounts, in writing and in detail, and a final account three months after the charge concludes. And if you are told the will exempted them from accounting, that same article holds any such clause as not written; note that they can be exempted from the bond, and that difference causes confusion. If what is argued is the inventory, count the two terms separately: thirty days from acceptance to begin, and sixty more from beginning to finish. If more time is needed, the heirs may extend it unanimously, and failing that the court may with just cause, with a six-month cap the text ties to that judicial route. What you will not find here is what the inventory must contain, who approves the final account, or what consequence follows from missing the terms: the Code does not say in this section. MiPRFácil does not represent anyone in court and gives no legal advice.

Common mistakes

  • Adding thirty and sixty as one term: they are two clocks, and the second starts when the inventory begins.
  • Believing the will may exempt from accounting: Article 1767 holds such a clause as not written.
  • Confusing the bond exemption with the accounting one: Article 1757 does allow the first.
  • Applying the six-month cap to the heirs’ unanimous extension: the text ties it to the judicial extension.
  • Expecting accounts only at the end: Article 1767 requires them quarterly.
  • Accepting verbal or undetailed accounts: the article requires them in writing and in detail.
  • Asking for the final account the same day the charge ends: it is rendered once three months have passed.
  • Looking in this section for what the inventory must contain: Article 1782 defines it, in another Title.

Frequently asked questions

May the will exempt the albacea from accounting?

Article 1767 says any testamentary disposition exempting the executor from the obligation to render the accounts is held as not written.

How often must they account?

Article 1767 says they must render quarterly accounts, in writing and in detail, to the heirs, and a final account once three months have passed from the conclusion of the charge.

How long do they have to make the inventory?

Article 1765 says they must begin it within the thirty days of accepting their office and conclude it within the next sixty days from having begun it.

May that term be lengthened?

Article 1766 says the heirs may extend it unanimously and that, failing unanimous agreement, the court may if there is just cause, in which case the extension must not exceed six months.

Official sources

These are the government pages this guide is based on.

Last verified

September 11, 2026

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