In short
The office of executor does not last forever, and the Code names five ways it ends. Article 1768 lists them: fulfilment of the charge; impossibility of the commission; passing of the term set or extended; death of the executor; and resignation or removal of the executor. Article 1769 opens the exit door to one who already accepted: they may resign from the office or be relieved of their functions by the unanimous agreement of the heirs, or when just cause exists according to the court’s discretion. Two routes, not one. Article 1770 is the one to read before slamming a door, because it brings a real penalty and at the same time marks where it stops: the executor who repudiates the office or resigns it without just cause loses the hereditary quota or the legacy, but not their right to the legítima. That is, whoever leaves badly may lose what the will gave them, but the part the law reserves for them as a forced heir stays intact, consistent with the legítima being beyond encumbrance or condition. Note too what conduct triggers the penalty: repudiating the office, or resigning without just cause. Resignation with just cause or by unanimous agreement under Article 1769 is a different door. Article 1771 lists five just causes for removal: those that incapacitate them for the discharge of the office; non-fulfilment of their obligations; bad discharge of the office; malicious use of their powers; and those established by the testator. That last item matters: the testator may add causes of their own, so the list is not closed. Article 1772 says the substitution of the executor is subject to the same procedure as the appointment, save a different testamentary disposition. And Article 1773 resolves the vacuum: the execution of the testator’s will corresponds to the heirs when the executor has not accepted the office, has been removed or has resigned. It is worth noting that this article names three cases and does not mention the executor’s death, though 1768 does treat it as a cause of termination; this guide reports the three cases the article names and does not add a fourth.
What is it?
They are Articles 1768 to 1773 of the Civil Code of 2020: the five causes ending the executor’s office, resignation, the penalty for leaving without just cause, the just causes for removal, substitution, and who executes the will when there is no executor.
Who can do it?
Whoever acts as albacea, administrator or contador partidor and wants or fears to leave the office, and the heirs who want to remove them.
Requirements
- The office ends by fulfilment of the charge, impossibility of the commission, passing of the term, death of the executor, or resignation or removal.Verified against the official source
- An executor who accepted may resign or be relieved by the unanimous agreement of the heirs, or when just cause exists according to the court’s discretion.Verified against the official source
- Whoever repudiates the office or resigns it without just cause loses the hereditary quota or the legacy, but not their right to the legítima.Verified against the official source
- The just causes for removal are the five of Article 1771, including those the testator establishes.Verified against the official source
Documents you need
Cost
Step by step
Step 1: The five causes of termination
Article 1768: fulfilment of the charge; impossibility of the commission; passing of the term set or extended; death of the executor; and resignation or removal.
Step 2: How to leave after having accepted
Article 1769: by the unanimous agreement of the heirs, or when just cause exists according to the court’s discretion. Two routes.
Step 3: Leaving badly has a price
Article 1770: whoever repudiates the office or resigns it without just cause loses the hereditary quota or the legacy.
Step 4: But the legítima is untouched
The same article: but not their right to the legítima. It fits with the legítima being beyond encumbrance or condition.
Step 5: What conduct triggers the penalty
Repudiating the office, or resigning without just cause. Resignation with just cause or by unanimous agreement under Article 1769 is a different door.
Step 6: Just causes for removal: the Code’s four
Article 1771: those that incapacitate them for the discharge of the office; non-fulfilment of their obligations; bad discharge of the office; and malicious use of their powers.
Step 7: And those the testator adds
Item (e): those established by the testator. The list is not closed; the will may add its own causes.
Step 8: How substitution works
Article 1772: substitution is subject to the same procedure as the appointment, save a different testamentary disposition.
Step 9: And if there is no executor
Article 1773: the execution of the testator’s will corresponds to the heirs when the executor has not accepted the office, has been removed or has resigned.
Step 10: Three cases, not four
Article 1773 names those three and does not mention the executor’s death, though 1768 does treat it as a cause of termination. This guide does not add a fourth case the text does not carry.
Step 11: What these articles do not say
They do not define just cause beyond the 1771 list, do not say who requests the removal or before whom or at what fee, do not say what impossibility of the commission covers, and do not say whether the Article 1770 penalty needs a judicial declaration.
Where to do it
Article 1769 places the appreciation of just cause with the court when there is no unanimous agreement among the heirs. The Code does not say before which court it is requested, 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 you accepted the office and want to leave it, do not simply walk away: Article 1770 makes whoever repudiates the office or resigns without just cause lose the hereditary quota or the legacy. The good news is that penalty has an exact limit in the same article: it does not reach your right to the legítima. And there are clean exits in Article 1769: the heirs’ unanimous agreement, or just cause appreciated by the court. If you are an heir and want to remove an executor, Article 1771 gives you five causes, and it is worth checking the will for item (e), which lets the testator add their own. Once out, Article 1772 requires substitution by the same procedure as the appointment, unless the will says otherwise, and Article 1773 puts the execution of the testator’s will in the heirs’ hands when the executor did not accept, was removed or resigned. What you will not find here is who files the removal, before which forum, in what form or at what cost, or whether the Article 1770 loss requires a judicial declaration. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Simply walking away from the office: Article 1770 makes whoever resigns without just cause lose the hereditary quota or the legacy.
- Believing that penalty also reaches the legítima: the same article expressly excludes it.
- Confusing the just-cause resignation of Article 1769 with the one without it in 1770: they are different doors.
- Thinking the list of just causes for removal is closed: item (e) admits those the testator establishes.
- Assuming a majority of the heirs suffices to relieve the executor: Article 1769 demands unanimity.
- Forgetting that the passing of the term, by itself, ends the office.
- Improvising the substitution: Article 1772 subjects it to the same procedure as the appointment.
- Taking for granted Article 1773 also covers the executor’s death: it names three cases and that is not among them.
Frequently asked questions
May the albacea resign after having accepted?
Article 1769 says they may resign or be relieved of their functions by the unanimous agreement of the heirs, or when just cause exists according to the court’s discretion.
What does someone who resigns without just cause lose?
Article 1770 says they lose the hereditary quota or the legacy, but not their right to the legítima.
On what grounds may an executor be removed?
Article 1771 names five just causes: those that incapacitate them for the office, non-fulfilment of their obligations, bad discharge, malicious use of their powers, and those established by the testator.
Who carries out the will if there is no executor?
Article 1773 says the execution of the testator’s will corresponds to the heirs when the executor has not accepted the office, has been removed or has resigned.
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?
The office is voluntary, yet staying silent fifteen days after being asked accepts it
Article 1750 of the Civil Code of 2020 calls the office of executor voluntary and 1751 creates a legal acceptance by the passing of fifteen days.
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 will cannot exempt an executor from accounting: the clause is held as not written
Article 1767 of the Civil Code of 2020 says so, and requires quarterly written accounts plus a final account three months after the charge ends.
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.
If you have forced heirs, you may freely dispose of only half your goods
Article 1623 of the Civil Code of 2020 says so. And 1622 names the forced heirs: descendants, surviving spouse and, failing these, ascendants.
Conditions placed on your forced share are held as not placed
Article 1626 of the Civil Code of 2020 calls an encumbrance any charge, condition, term, mode, usufruct, obligation, prohibition or limitation.