The albacea or administrator must request a contador partidor once debts are covered

They are Articles 1747, 1748 and 1749 of the Civil Code of 2020: what a contador partidor is, who designates them and when the albacea or administrator must request the appointment.

The heirs of an estate pending division, and the albacea or administrator handling it.

• The contador partidor carries out the liquidation, the division and the adjudication of the hereditary goods.Verified against the official source
• If the decedent does not designate one, the heirs may; failing agreement among them, the court designates.Verified against the official source
• The albacea or the administrator must request the appointment from the court if one has not been designated.Verified against the official source
• That duty arises once the amount of the debts and administration expenses is satisfied, or sufficient goods are held to satisfy it.Verified against the official source

• The designation made by the decedent, if any.
• The heirs’ agreement designating a contador partidor, where the decedent did not.
• The record that the debts and administration expenses were covered, or that sufficient goods exist.

1. 1

   Step 1: What a contador partidor does

   Article 1747: the liquidation, the division and the adjudication of the hereditary goods. Three distinct operations, in that order.

2. 2

   Step 2: Dividing comes after liquidating

   The article puts liquidation first. It is not only dividing goods among heirs.

3. 3

   Step 3: First, the decedent

   Article 1748: if the decedent designated one, that appointment governs.

4. 4

   Step 4: Then, the heirs

   If the decedent does not designate one, the heirs may.

5. 5

   Step 5: And failing agreement, the court

   Failing agreement among the heirs, the court designates. It is the administrator’s same ladder.

6. 6

   Step 6: A duty, not an option

   Article 1749: the albacea or the administrator must request the appointment from the court if one has not been designated. The Code writes “must”.

7. 7

   Step 7: But with a condition

   Provided they have satisfied the amount of the debts and the expenses of the administration, or hold sufficient goods to satisfy it.

8. 8

   Step 8: The order that imposes

   First the debts and expenses are covered — or it is assured there is enough — and only then does the duty to request a divider arise.

9. 9

   Step 9: What the article does not say

   It does not say what happens if the albacea or administrator do not request it. It imposes the duty and stops there.

10. 10

    Step 10: And what this chapter does not describe

    The liquidation, the division and the adjudication are named but not explained: they belong to another Title of the Code not read for this batch. You will not find here how a partition is made.

Article 1748 places the court on the last rung of the designation, and Article 1749 places the albacea’s or administrator’s request there. The Code does not say before which court, in what form, at what fee or how long it takes, and this guide does not invent it.

• Believing requesting a contador partidor is optional for the albacea or administrator: Article 1749 says “must”.
• Demanding that duty too early: it arises once the debts and administration expenses are covered, or sufficient goods exist.
• Going straight to court for the designation: Article 1748 puts the decedent and the heirs first.
• Thinking the contador partidor only divides: Article 1747 also names the liquidation and the adjudication.
• Expecting this chapter to explain how the partition is made: it only names it.
• Assuming the Code sets qualifications for the office: it does not in these three articles.
• Looking here for a deadline to finish the partition: there is none in this section.
• Taking for granted there is a penalty for not requesting the appointment: the article establishes none.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  bvirtualogp.pr.gov