Does Spain have executors (albaceas)?

Terms used

• Albacea — The albacea is the executor named in a will to see that its wishes are carried out.
• Contador-partidor — The contador-partidor is a person who calculates and carries out the division of an estate among the heirs.
• Comunidad hereditaria — The comunidad hereditaria is the joint ownership of an estate by all heirs until it is divided.
• División de herencia — The división de herencia is a court procedure to divide an estate when the heirs cannot agree.

Key rules

• Executor: Spanish law does not require an albacea, and the heirs keep ownership of the estate.
• No albacea: The heirs decide together and must be unanimous.
• Pay: An albacea is unpaid unless the will says otherwise.
• Regions: Catalonia, Navarre, the Basque Country and other foral regions have their own rules.

Do you need an executor?

No. An albacea is optional and narrow. Most estates have none, and the heirs usually act together to settle everything.

What an albacea does

An albacea is a person the deceased names in the will to see that it is carried out. The albacea has only the powers the will gives. If the will gives none, the default duties are:

• arranging the funeral and religious services,
• paying legacies in cash,
• supervising that the will is carried out,
• safeguarding the estate,
• defending the will's validity.

Some wills name a universal albacea with broad powers over the estate. Even then, the albacea cannot override the heirs' right to their reserved share.

The albacea does not own the estate. The heirs keep ownership.

The will sets how long the role lasts. If it says nothing, the term is 1 year from acceptance. A judge can extend it by another year if there are disputes. The role is unpaid unless the will says otherwise, and the person named may decline it.

Who runs the estate when there is no albacea

The heirs act together, and they must agree unanimously. Together they:

1. accept the inheritance,
2. list the assets (an inventory),
3. pay debts and legacies,
4. divide the estate, usually in one notarial deed.

If the will names a contador-partidor, that person carries out the division instead.

Until the estate is divided, the heirs own it jointly. This is called the comunidad hereditaria.

If the heirs cannot agree

You have two routes:

• Go to court for a división de herencia. This is a court procedure to divide the estate.
• Ask a notary to appoint a contador-partidor dativo. This requires a request from heirs holding at least half of the inheritance rights.

Regional rules

These rules apply to estates under the national Código Civil. Catalonia, Navarre, the Basque Country and other regions with their own civil law have different rules. Check which law applies with a notary or a local inheritance lawyer.

Frequently asked questions

Is an albacea paid for the work?

No, an albacea is unpaid unless the will says otherwise. The person named can also decline the role. If the will sets a fee, it is paid as the will says.

How long does an albacea have to carry out the will?

The testator sets the term in the will, and if none is set it is 1 year from acceptance.

What can heirs do if they cannot agree on dividing the estate without an albacea?

Heirs who cannot agree can ask a court to divide the estate. They can also ask a notary to appoint a contador-partidor dativo, a neutral person who carries out the split, if the request comes from heirs holding at least half of the inheritance rights.

Does an albacea own the estate while it is being settled?

No, the heirs keep ownership of the estate. Until it is divided they hold it together in co-ownership (comunidad hereditaria). An albacea cannot override the heirs' reserved portion.