By appointing you as executor, the testator has placed great trust in you. At the same time, you are taking on an interesting but also demanding task with far-reaching responsibility.

How does one become an executor?
The testator may appoint one or more competent persons of their trust to execute their last will in a testament or inheritance contract. Only the testator themselves can make such an appointment. A subsequent designation by the heirs does not qualify as an executorship in the legal sense but merely as a contractual mandate (agent relationship).

Am I obliged to accept the mandate?
No. The local notary’s office officially notifies you of the mandate. You have 14 days to respond. Silence is considered acceptance.

What are my duties as an executor?
You represent the will of the testator and are specifically responsible for:
- managing the estate,
- paying debts,
- distributing legacies,
- dividing the estate according to the testator’s instructions or the law.

How can I identify myself as an executor to third parties?
The competent notary’s office will, upon request, issue an official executor’s certificate for a fee.

Who must sign at the land registry for the transfer of real estate?
The executor is authorized to carry out property transfers in the name of the heirs. No power of attorney from the heirs is required—only a certificate of inheritance.

When does the executor’s mandate end?
The executor’s mandate ends with:

- the complete division of the estate
- removal of the mandate by the district court president
- resignation by the executor (provided not at an inappropriate time)
- death or incapacity of the executor.

‍Am I subject to supervision as an executor?
If there are grounds for complaint about the executor’s activities, any heir may file a complaint with the president of the district court at the last residence of the testator. The executor is not otherwise supervised or held accountable ex officio.

‍Am I entitled to compensation as an executor?
Yes, you are entitled to reasonable compensation for your work. This issue often gives rise to discussion regarding the amount and appropriateness of the compensation (including expenses and personal disbursements). The level of compensation depends on:
- the size of the estate,the scope and workload of the mandate,
- the complexity of the division,
- the legal knowledge or qualifications of the executor.

As guidelines for calculating compensation, the rates of fiduciaries, lawyers, legal agents, or the fee schedules for state and municipal administrations may be used. It is also advisable to agree on the compensation with the heirs in advance, preferably in writing.

Liability: What am I responsible for?
As an executor, you are personally liable for carrying out your mandate carefully, lawfully, and in accordance with your duties.

For a first free and non-binding information session, contact us by email (kontaktanfrage@vpz.ch) or call our free VPZ hotline at 0800 822 288 to schedule an appointment directly with your advisory specialist. A holistic, forward-looking plan coordinates your situation, uncovers potential optimizations, and ensures long-term success.