In short
The albacea is the figure people associate with “whoever handles the will”, and the Code defines it precisely. Article 1739 says it is the person expressly designated by the testator to execute or to oversee the execution of their last will. Two things follow: only a testator appoints one — with no will there is no albacea — and the commission may be supervisory, not necessarily executive. Article 1740 says what they may do when the will does not specify, and there are five powers. Take the necessary precautions for the conservation and custody of the goods. Execute everything ordered in the will and, it being legal, sustain its validity. Intervene in the litigation or incidents that arise over the hereditary goods. Pay the legacies, with the consent of the heirs. And carry out the partition of the inheritance when there is no contador partidor. Note the conditions built into the list: paying legacies is not a free hand, it needs the heirs’ consent; and the duty to sustain the will’s validity is qualified with “it being legal”. Article 1741 is the one worth being clear on, because it contradicts what many assume: the albacea may only alienate or encumber the goods of the inheritance when the testator has expressly authorised it. Selling is not among the default powers. And if the testator did not authorise it, two paths remain: the unanimous consent of the heirs, or judicial authorisation. Unanimous, not by majority. What these three articles do not carry is how the partition is made, which is in another Title of the Code not read for this batch; how that judicial authorisation is requested or what it costs; or what happens if the heirs refuse consent to pay a legacy.
What is it?
They are Articles 1739, 1740 and 1741 of the Civil Code of 2020: what an albacea is, what they may do when the will does not say, and when they may sell or encumber estate goods.
Who can do it?
Whoever was named albacea in a will, the heirs dealing with them, and whoever is considering naming one.
Requirements
- The albacea is the person expressly designated by the testator to execute or oversee the execution of their last will.Verified against the official source
- In the absence of expression by the testator, the albacea has the five powers of Article 1740.Verified against the official source
- Paying the legacies requires the heirs’ consent.Verified against the official source
- The albacea may only alienate or encumber estate goods with the testator’s express authorisation; failing that, the heirs’ unanimous consent or judicial authorisation is needed.Verified against the official source
Documents you need
Cost
Step by step
Step 1: Who appoints an albacea
Article 1739: the testator designates them expressly. With no will there is no albacea; for those cases the Code has other figures.
Step 2: Execute or oversee
The same article admits both: executing the last will, or overseeing its execution. They are not always the one moving the goods.
Step 3: (a) Conserve and keep custody
Article 1740: take the necessary precautions for the conservation and custody of the goods.
Step 4: (b) Carry out the will, if it is legal
Execute everything ordered in the will and, it being legal, sustain its validity. That clause conditions the duty to defend it.
Step 5: (c) Intervene in litigation
Intervene in the litigation or incidents that arise over the hereditary goods.
Step 6: (d) Pay legacies, but not alone
Pay the legacies, with the consent of the heirs. The article gives no free hand over them.
Step 7: (e) Partition, only if there is no contador partidor
Carry out the partition of the inheritance when there is no contador partidor. If there is one, that task is not theirs.
Step 8: Selling is not on the list
Article 1741: they may only alienate or encumber when the testator has expressly authorised it.
Step 9: Without that authorisation, two paths
The heirs’ unanimous consent, or judicial authorisation. The Code demands unanimity, not a majority.
Step 10: What these articles do not carry
They do not describe how the partition is made — that is in another Title not read for this batch — do not say how judicial authorisation is requested or what it costs, and do not say what happens if the heirs refuse consent for a legacy.
Where to do it
The appointment comes from the will. The only moment the Code sends you to court here is Article 1741, to authorise an alienation or encumbrance without the testator’s authorisation or the heirs’ unanimity. It does not say before which court, in what form or at what fee, and this guide does not assume it.
How long it takes
What to do if something goes wrong
If the albacea wants to sell a property of the estate, look at the will first: Article 1741 allows it only if the testator expressly authorised it. If they did not, the heirs’ unanimous consent or judicial authorisation is needed; a majority is not enough. If the albacea wants to pay a legacy, Article 1740(d) requires the heirs’ consent. And if you are told the albacea must defend the will come what may, item (b) qualifies it: sustain its validity “it being legal”. What you will not find in these three articles is how the partition is made, how that authorisation is requested from the court, or what it costs. The partition is in another Title of the Code not read for this batch. The administrador and the contador partidor are different figures, with their own guides on this site. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Believing the albacea may sell estate goods on their own: Article 1741 conditions it on the testator’s express authorisation.
- Thinking a majority of the heirs suffices to authorise a sale: the Code demands unanimity.
- Assuming the albacea pays legacies without more: item (d) requires the heirs’ consent.
- Believing the albacea must sustain the will in any case: item (b) says “it being legal”.
- Taking for granted the albacea always makes the partition: only when there is no contador partidor.
- Thinking there can be an albacea without a will: Article 1739 has the testator designate them.
- Forgetting the commission may be supervisory rather than executive.
- Confusing the albacea with the administrador or the contador partidor: they are different figures of the same Title.
Frequently asked questions
May the albacea sell the estate’s house?
Article 1741 says they may only alienate or encumber the goods when the testator has expressly authorised it, and that failing that authorisation the heirs’ unanimous consent or judicial authorisation is necessary.
What may the albacea do if the will says nothing?
Article 1740 gives five powers: conserve and keep custody of the goods; execute what is ordered and, it being legal, sustain the will’s validity; intervene in litigation over the goods; pay the legacies with the heirs’ consent; and make the partition when there is no contador partidor.
Is there an albacea if there was no will?
Article 1739 defines the albacea as the person expressly designated by the testator. For an inheritance without a will the Code regulates the administrador, with its own guide on this site.
May the albacea pay a legacy without the heirs?
Not under the text: Article 1740(d) lets them pay the legacies with the consent of the heirs.
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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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.
A creditor with written title may request an administrator be named for the estate
Article 1744 of the Civil Code of 2020 allows it, alongside the albacea, the forced heirs and the heirs or legatees.
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.
How to make a will in Puerto Rico
The 2020 Civil Code’s kinds of will, who may execute one, and the rule that changed: with forced heirs you may freely dispose of half.
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.
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.