In short
The Code calls executor whoever is charged with moving the estate along. Article 1728 defines it broadly: the natural or juridical person charged with performing acts for the benefit of the inheritance or with making the partition. It may be an entity, not only a person. Article 1729 sets the filter: whoever has full capacity to bind themselves may be an executor, and the person declared unworthy to succeed and the disinherited person may not. Article 1730 closes the door on free delegation: the executor may delegate the office only with the express authorisation of the testator or of whoever may give it. From there the chapter organises the types. Article 1731 says the executor may be universal or particular, and may be designated to act individually, jointly or successively. The universal one, under Article 1732, receives the commissions and powers of the albacea, the administrador and the contador partidor; if the will does not specify their powers, they have all those that Title confers. The particular one, under Article 1733, does what their appointment says, and if it does not indicate powers, they have all those of the Title according to the office for which they were named. The part that settles the most practical trouble is the one on several executors. Article 1734 says that, except where the appointment is expressly joint or successive, each executor may individually perform the commission made to another of their same type. But Article 1735 sets the opposite starting point when the will is silent: if several executors are designated without saying how they must act, it is presumed they will discharge their offices jointly. Article 1736 says when joint executors’ acts are valid: unanimously, by one of them authorised by the others, or by the majority in case of disagreement. And Article 1737 opens a valve for urgencies: in cases requiring immediate action, one of them may perform, under their responsibility, the necessary acts, giving immediate account to the others. Article 1738 closes by naming the substitute executor.
What is it?
They are Articles 1728 to 1738 of the Civil Code of 2020: what an executor of an estate is, who may be one, the types there are and how they act when there are several.
Who can do it?
Whoever was named executor in a will, whoever is going to name one, and the heirs dealing with them.
Requirements
- The natural or juridical person with full capacity to bind themselves may be an executor.Verified against the official source
- The person declared unworthy to succeed and the disinherited person may not be executors.Verified against the official source
- The executor may delegate the office only with the express authorisation of the testator or of whoever may give it.Verified against the official source
- If several executors are designated without saying how they must act, it is presumed they will discharge their offices jointly.Verified against the official source
Documents you need
Cost
Step by step
Step 1: What an executor is
Article 1728: the natural or juridical person charged with performing acts for the benefit of the inheritance or with making the partition. It may be an entity.
Step 2: Who may be one
Article 1729: whoever has full capacity to bind themselves.
Step 3: And who may not
The same article excludes two: the person declared unworthy to succeed and the disinherited person. Both figures have their own guides on this site.
Step 4: Delegating needs express permission
Article 1730: only with the express authorisation of the testator or of whoever may give it. The Code does not say here who that “whoever may give it” is.
Step 5: Universal or particular
Article 1731: the executor may be universal or particular, and may be designated to act individually, jointly or successively.
Step 6: The universal one
Article 1732: receives the commissions and powers of the albacea, the administrador and the contador partidor. If the will does not specify them, they have all those of the Title.
Step 7: The particular one
Article 1733: performs what is determined in their appointment; if it does not indicate powers, they have all those of the Title according to the office they were named to.
Step 8: Several executors: the starting point
Article 1735: if several are designated without saying how they must act, it is presumed they will discharge their offices jointly. The will’s silence leads to joint action.
Step 9: When the appointment is individual
Article 1734: except where the appointment is expressly joint or successive, each executor may individually perform the commission made to another of their same type.
Step 10: When joint executors’ acts are valid
Article 1736: unanimously, by one of them authorised by the others, or by the majority in case of disagreement.
Step 11: The valve for urgencies
Article 1737: in cases requiring immediate action, one may perform, under their responsibility, the necessary acts, giving immediate account to the others.
Step 12: The substitute
Article 1738: the one designated by the testator to substitute the one named in the first place.
Step 13: What this chapter does not define
It does not define the albacea, the administrador or the contador partidor: each has its own section in the next chapter, not read for this guide. Nor does it list the powers “this title confers”.
Where to do it
These eleven articles describe no procedure before any agency and do not mention the court: they define the office and how it is exercised. The appointment comes from the will, which has its own guide on this site.
How long it takes
What to do if something goes wrong
If the will named several executors and did not say how they must act, Article 1735 presumes they act jointly; do not assume each may go alone. When they do act jointly, Article 1736 validates what is done unanimously, by one authorised by the others, or by the majority in case of disagreement, and Article 1737 lets one act alone on what is urgent, under their responsibility and giving immediate account. If you were told the executor delegated the office, Article 1730 requires express authorisation from the testator or whoever may give it. And if the person named is declared unworthy or was disinherited, Article 1729 does not let them hold the office. What this guide cannot give you are the concrete functions of the albacea, the administrador or the contador partidor: Article 1732 names them, but each is regulated in the next chapter, not read for this batch. Nor will you find here the list of powers “this title confers”. MiPRFácil does not represent anyone in court and gives no legal advice.
Common mistakes
- Believing several executors may each act alone when the will is silent: Article 1735 presumes joint action.
- Thinking unanimity is always required among joint executors: Article 1736 admits the majority in case of disagreement.
- Assuming an executor cannot move in an emergency: Article 1737 allows it under their responsibility.
- Delegating the office without express authorisation: Article 1730 requires it.
- Believing the executor must be a natural person: Article 1728 admits a juridical person.
- Naming as executor someone declared unworthy or disinherited: Article 1729 excludes them.
- Assuming an executor with no specified powers can do nothing: Articles 1732 and 1733 give them all those of the Title.
- Looking in this chapter for what the albacea, administrador or contador partidor does: they are regulated in the next chapter.
Frequently asked questions
Who may be an executor of an estate?
Article 1729 says whoever has full capacity to bind themselves may be one, and that the person declared unworthy to succeed and the disinherited person may not.
Several executors were named without saying how they act. What happens?
Article 1735 says that when several executors are designated without saying how they must act, it is presumed they will discharge their offices jointly.
And if the joint executors do not agree?
Article 1736 says their acts are valid when performed unanimously, by one of them authorised by the others, or by the majority, in case of disagreement.
May the executor delegate their office?
Article 1730 says they may delegate it only with the express authorisation of the testator or of whoever may give it.
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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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.
Who may inherit and the six causes that forfeit an inheritance
Article 1556 of the Civil Code of 2020 lists six causes of unworthiness to inherit. Only two of the six require the person to be convicted.
Disinheriting requires naming the cause in the will, and the heir bears the proof
Article 1632 of the Civil Code of 2020 requires the disinheritance and its cause to appear expressly and clearly. Challenging it lapses after two years.
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.