In short
The administrator of the inheritance is whoever keeps it standing while it is decided who it goes to. Article 1742 defines it with a demand that goes beyond safekeeping: the person designated to adopt all the measures directed to conserve the hereditary patrimony and to increase it, so far as possible, until it can be distributed among the persons entitled to receive it. “And to increase it, so far as possible” is not decorative: it separates this office from mere custody. Article 1743 says who appoints them, in three rungs: the decedent; if they did not designate one, the heirs; and failing agreement among the heirs, the court. Article 1744 says who may ask the court for that designation, and the list is surprising because it does not stop at the family: the albacea, the forced heirs, the heirs or the legatees, and the creditor of the inheritance with written title. That last item lets an outsider in, with a condition the Code writes expressly: written title. Article 1745 guides the court when it must choose, with an order of precedence: the surviving spouse, the heirs, the albacea, the relatives, the creditors and any other person. But the article itself says “among other factors”, so it is a guide and not a rigid queue. Article 1746 says what they may do when the will does not specify, and there are six powers: conserve the goods and see that they produce the rents, products and profits that correspond; sell the fruits opportunely and deposit their amount with the other funds of the inheritance; collect credits and cancel their guarantees; make and withdraw deposits; pay debts; and carry out the acts proper to a good administration necessary to fulfil the commission. It is worth noting what item (b) authorises: selling the fruits, not the goods. Nothing in this list allows selling an inherited property, and item (f) is not a blank cheque to do so.
What is it?
They are Articles 1742 to 1746 of the Civil Code of 2020: what the administrator of an estate is, who appoints them, who may request the designation, whom the court prefers and what powers they have.
Who can do it?
The heirs of an estate not yet divided, and whoever holds a credit against it with written title.
Requirements
- The administrator must conserve the hereditary patrimony and increase it, so far as possible, until it can be distributed.Verified against the official source
- If the decedent did not designate one, the heirs do; failing agreement among them, the court designates.Verified against the official source
- The albacea, the forced heirs, the heirs or legatees, and the creditor of the inheritance with written title may request the designation.Verified against the official source
- In the judicial designation the court must take into account, among other factors, the order of precedence of Article 1745.Verified against the official source
Documents you need
Cost
Step by step
Step 1: What is asked of the administrator
Article 1742: conserve the hereditary patrimony and increase it, so far as possible, until it can be distributed.
Step 2: It is not only safekeeping
The phrase “and increase it, so far as possible” is in the text and separates this office from mere custody.
Step 3: Who appoints them: three rungs
Article 1743: the decedent; if they did not designate one, the heirs; and failing agreement among them, the court.
Step 4: Who may request it from the court
Article 1744: the albacea, the forced heirs, the heirs or the legatees, and the creditor of the inheritance with written title.
Step 5: The creditor gets in too
Item (d) gives standing to someone outside the family, with a condition written into the text: written title.
Step 6: Whom the court prefers
Article 1745: the surviving spouse, the heirs, the albacea, the relatives, the creditors and any other person, in that order.
Step 7: But it is not a rigid queue
The article itself says “among other factors”. The order guides the court; it does not bind it.
Step 8: The six powers
Article 1746: conserve and make productive; sell the fruits opportunely and deposit their amount; collect credits and cancel their guarantees; make and withdraw deposits; pay debts; and the acts proper to a good administration.
Step 9: Selling fruits is not selling goods
Item (b) speaks of the fruits. Nothing in this list authorises selling an inherited property, and item (f) is not a blank cheque to do so.
Step 10: What these articles do not say
They do not say how the designation is requested from the court, in what form, within what time or at what cost; they do not define “written title”; and they do not enumerate the other factors of Article 1745.
Where to do it
Article 1743 places the designation with the court when the heirs do not agree, and Article 1744 says who may request it. The Code does not say before which court it is filed, in what form, at what fee or how long it takes, and this guide does not assume it.
How long it takes
What to do if something goes wrong
If the heirs cannot agree on who administers, Article 1743 lets the court designate, and Article 1744 says who may ask it to: the albacea, the forced heirs, the heirs or legatees, and the creditor of the inheritance with written title. If you are a creditor, item (d) is your way in, but note the condition: written title. When the court decides, Article 1745 sets an order beginning with the surviving spouse, though it says “among other factors”, so it is not a closed queue. And if the administrator wants to sell a property of the estate, check Article 1746: their powers cover selling the fruits, not the goods; item (f), on acts proper to a good administration, does not by itself authorise an alienation. What you will not find here is how the request is filed, what it costs or how long it takes: the Code does not say. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Believing only the family may request an administrator: Article 1744 includes the creditor with written title.
- Forgetting item (d)’s condition: the creditor needs written title.
- Taking the Article 1745 order as a closed queue: the article itself says “among other factors”.
- Thinking the administrator need only safeguard: Article 1742 also asks them to increase the patrimony so far as possible.
- Reading item (b) as permission to sell goods: it speaks of selling the fruits.
- Using item (f) as a blank cheque to alienate: it does not by itself authorise a sale of goods.
- Going to court before trying agreement among heirs: Article 1743 places the court on the last rung.
- Confusing the administrador with the albacea: the latter exists only if a will designated them.
Frequently asked questions
Who appoints an estate’s administrator?
Article 1743 says the heirs may designate one if the decedent has not, and that failing agreement among the heirs the court designates.
May a creditor request one be named?
Article 1744 gives standing to the creditor of the inheritance with written title, alongside the albacea, the forced heirs and the heirs or legatees.
Whom does the court name first?
Article 1745 says it must take into account, among other factors, this order: the surviving spouse, the heirs, the albacea, the relatives, the creditors and any other person.
May the administrator sell estate goods?
Article 1746 lets them sell the fruits opportunely and deposit their amount. There is no power in that list to alienate the goods of the inheritance.
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
MiPRFácil is an independent informational website and is not affiliated with, endorsed by, or operated by the Government of Puerto Rico or any government agency.
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Did you find out-of-date information?
An albacea may not sell estate goods unless the testator authorised it
Article 1741 of the Civil Code of 2020 leaves two routes without that authorisation: the heirs’ unanimous consent or judicial authorisation.
The albacea or administrator must request a contador partidor once debts are covered
Article 1749 of the Civil Code of 2020 uses “must”, not “may”, and conditions that duty on the debts and administration expenses having been satisfied.
If several executors are named without saying how they act, joint action is presumed
Article 1735 of the Civil Code of 2020 sets that presumption, and 1729 bars the person declared unworthy and the disinherited from the office.
Who looks after the estate while nobody has accepted the inheritance
Article 1563 of the Civil Code of 2020 sets four rungs in order: the decedent’s designee, the executor, those called to succeed and, absent agreement, the court.
Income from inherited goods belongs to the estate until there is a partition
Article 1603 of the Civil Code of 2020 says so, and 1600 adds that the hereditary community has no juridical personality.
The funeral, the inventory and the executor’s pay come out of the estate
Article 1589 of the Civil Code of 2020 lists six hereditary charges, and the sixth leaves the list open: the other expenses of an analogous nature.