2551
=U3= Sec2197 -- Section 2197 Appointment of an executor
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=S=> BGB 2197. 1 A testator may appoint one or more executors by will .
=S=> BGB 2197. 2 The testator may appoint another executor to provide for the event that the appointed testator ceases to be an executor before or after acceptance of the office .
=U3= Sec2198 -- Section 2198 Determination of the executor by a third person
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=S=> BGB 2198. 1 The testator may leave the determination of the person to act as executor to a third party . The determination is made by declaration to the probate court ; the declaration must be submitted in officially certified form .
=S=> BGB 2198. 2 The right of determination of the third party is extinguished on the expiry of a period specified for him by the probate court upon application by one of the persons concerned .
=U3= Sec2199 -- Section 2199 Appointment of co-executor or successor
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=S=> BGB 2199. 1 The testator may authorise the executor to appoint one or more co-executors .
=S=> BGB 2199. 2 The testator may authorise the executor to appoint a successor .
=S=> BGB 2199. 3 The appointment is made in accordance with section 2198 ( 1 ) sentence 2.
=U3= Sec2200 -- Section 2200 Appointment by the probate court
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=S=> BGB 2200. 1 If the testator , in the will , has requested the probate court to appoint an executor , the probate court may make the appointment .
=S=> BGB 2200. 2 The probate court should , before making this appointment , hear the persons concerned if this can be done without any significant delay and without disproportionate costs .
=U3= Sec2201 -- Section 2201 Ineffectiveness of the appointment
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=S=> BGB 2201 The appointment of the executor is ineffective if , at the time when he is to enter upon office , he is incapable of contracting or has limited capacity to contract or has been given a custodian to attend to his property affairs under section 1896.
=U3= Sec2202 -- Section 2202 Acceptance and refusal of office
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=S=> BGB 2202. 1 The office of the executor begins at the time when the appointed person accepts the office .
=S=> BGB 2202. 2 The acceptance and the refusal of the office is made by declaration to the probate court . The declaration may be made only after the devolution of the inheritance ; it is ineffective if it is made subject to a condition or a stipulation as to time .
=S=> BGB 2202. 3 The probate court may , on application by one of the persons concerned , specify a period for the person appointed to declare whether or not he will accept the office . On the expiry of the period the office is deemed to have been refused unless the acceptance thereof is declared before then .
=U3= Sec2203 -- Section 2203 Task of the executor
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=S=> BGB 2203 The executor must execute the testamentary dispositions of the testator .
=U3= Sec2204 -- Section 2204 Partitioning of the estate between co-heirs
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=S=> BGB 2204. 1 The executor must , if there is more than one heir , effect a partitioning of the estate among them in accordance with sections 2042 to 2056.
=S=> BGB 2204. 2 The executor must hear the heirs on the scheme of partitioning prior to the execution thereof .
=U3= Sec2205 -- Section 2205 Administration of the estate , power of disposal
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=S=> BGB 2205 The executor must administer the estate . In particular , he is entitled to take possession of the estate and to dispose of the objects of the estate . He is entitled to make gratuitous dispositions only to the extent that they are made to discharge a moral obligation or from consideration for common decency .
=U3= Sec2206 -- Section 2206 Incurring obligations
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=S=> BGB 2206. 1 An executor is entitled to incur obligations on behalf of the estate to the extent that it is necessary to incur them for the proper administration thereof . If the executor is entitled to dispose of an object of the estate , he may also incur an obligation on account of the estate .
=S=> BGB 2206. 2 The heir is obliged to grant his consent to the incurring of such obligations , notwithstanding his right to assert the limitation of his liability for the obligations of the estate .
=U3= Sec2207 -- Section 2207 Extended authority
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=S=> BGB 2207 The testator may direct that the executor is not to be restricted in incurring obligations on account of the estate . Even in such a case , the executor is entitled to make a promise of donation only in compliance with section 2205 sentence 3.
=U3= Sec2208 -- Section 2208 Limitation of the rights of the executor , execution by the heir
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=S=> BGB 2208. 1 The executor does not have the rights specified in sections 2203 to 2206 to the extent that it is to be presumed that the testator did not intend that he should have them . If only individual objects of the estate are subject to the administration of the executor , he is entitled to the powers specified in section 2205 sentence 2 only in respect of these objects .
=S=> BGB 2208. 2 If the executor is not required to execute the dispositions of the testator himself , he may demand execution from the heir , unless it is to be assumed that the testator intended otherwise .
=U3= Sec2209 -- Section 2209 Permanent execution
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=S=> BGB 2209 The testator may entrust an executor with the administration of the estate without assigning to him any tasks other than those of the administration ; he may also direct that the executor is to continue the administration after the completion of any other tasks assigned to him . In case of doubt , it is to be presumed that such an executor has been granted the authorisation set out in section 2207.
=U3= Sec2210 -- Section 2210 Thirty-year period for permanent execution
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=S=> BGB 2210 A direction made under section 2209 becomes ineffective if thirty years have passed since the devolution of the inheritance . The testator may , however , direct that the administration is to continue until the death of the heir or of the executor , or until the occurrence of another event in the person of one or other of them . The provision of section 2163 ( 2 ) applies with the necessary modifications .
=U3= Sec2211 -- Section 2211 Limitation on dispositions of the heir
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=S=> BGB 2211. 1 The heir may not dispose of an object of the estate subject to the administration of the executor .
=S=> BGB 2211. 2 The provisions in favour of those who derive rights from an unauthorised person apply with the necessary modifications .
=U3= Sec2212 -- Section 2212 Assertion in court of the rights subject to the execution of the will
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=S=> BGB 2212 A right subject to the administration of the executor may be asserted only by the executor in court .
=U3= Sec2213 -- Section 2213 Assertion in court of claims against the estate
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=S=> BGB 2213. 1 A claim that is directed against the estate may be asserted in court both against the heir and against the executor . If the executor is not entitled to administer the estate , the claim may be asserted only against the heir . A claim to a compulsory share may be asserted only against the heir , even if the executor is entitled to administer the estate .
=S=> BGB 2213. 2 The provision set out in section 1958 does not apply to the executor .
=S=> BGB 2213. 3 A creditor of the estate who asserts his claim against the heir may also assert his claim against the executor to the extent that the latter is required to permit execution against the objects of the estate subject to his administration .
=U3= Sec2214 -- Section 2214 Creditors of the heir
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=S=> BGB 2214 Creditors of the heir who are not creditors of the estate may not have recourse to the objects of the estate subject to the administration of the executor .
=U3= Sec2215 -- Section 2215 Inventory of the estate
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=S=> BGB 2215. 1 The executor must provide to the heir an inventory of the objects of the estate subject to his administration , and of any known obligations of the estate , without undue delay after the acceptance of the office , and render any other assistance required to take an inventory .
=S=> BGB 2215. 2 The inventory must show the date on which the inventory was taken and bear the signature of the executor ; upon demand , the executor must have his signature officially certified .
=S=> BGB 2215. 3 The heir may demand that he be asked to take part in taking the inventory .
=S=> BGB 2215. 4 The executor is entitled and , at the demand of the heir , is obliged to have the inventory taken by the competent public authority or by a competent official or notary .
=S=> BGB 2215. 5 The costs of taking the inventory and the official certification are charged to the estate .
=U3= Sec2216 -- Section 2216 Proper administration of the estate , compliance with directions
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=S=> BGB 2216. 1 The executor is obliged to administer the estate in a proper manner .
=S=> BGB 2216. 2 Directions for the administration that the testator has given by testamentary disposition are to be complied with by the executor . Upon application by the executor or by any other party concerned , they may , however , be cancelled by the probate court if compliance with them would substantially endanger the estate . The court should , as far as possible , hear the persons concerned prior to making a decision .
=U3= Sec2217 -- Section 2217 Transfer of objects of the estate
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=S=> BGB 2217. 1 The executor must , upon demand , transfer to the heir for his free disposal any objects of the estate which the executor evidently does not require to perform his duties . Upon this transfer , his right to administer these objects is extinguished .
=S=> BGB 2217. 2 The executor may not refuse to transfer the objects by reason of any obligations of the estate which are not based on a legacy or a testamentary burden , or by reason of any legacies or testamentary burdens that are subject to a condition or due on a specific date , if the heir provides security for the discharge of the obligations or for the fulfilment of the legacies or testamentary burdens .
=U3= Sec2218 -- Section 2218 Legal relationship to the heir ; rendering of accounts
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=S=> BGB 2218. 1 The legal relationship between the executor and the heir is governed , with the necessary modifications , by the provisions of sections 664 , 666 to 668 , 670 , of section 673 sentence 2 and section 674 applying to a mandate .
=S=> BGB 2218. 2 If the administration lasts for longer , the heir may demand that an account be rendered every year .
=U3= Sec2219 -- Section 2219 Liability of the executor
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=S=> BGB 2219. 1 Where the executor commits a breach of the duties imposed upon him , he is , if he is at fault , responsible to the heir and , to the extent that a legacy is to be fulfilled , also to the legatee for the damage arising therefrom .
=S=> BGB 2219. 2 If there is more than one executor who is at fault , they are liable as joint and several debtors .
=U3= Sec2220 -- Section 2220 Mandatory law
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=S=> BGB 2220 The testator may not release the executor from the duties imposed upon him by sections 2215 , 2216 , 2218 and 2219.
=U3= Sec2221 -- Section 2221 Remuneration of the executor
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=S=> BGB 2221 The executor may demand reasonable remuneration to perform the duties of his office , unless the testator has provided otherwise .
=U3= Sec2222 -- Section 2222 Executor for the subsequent heir
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=S=> BGB 2222 The testator may also appoint an executor for the purpose of exercising the rights and performing the duties of a subsequent heir until the occurrence of the directed subsequent succession .
=U3= Sec2223 -- Section 2223 Executor of a legacy
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=S=> BGB 2223 The testator may also appoint an executor for the purpose of this person ensuring the execution of the charges imposed on a legatee .
=U3= Sec2224 -- Section 2224 More than one executor
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=S=> BGB 2224. 1 More than one executor perform the duties of the office jointly ; in the case of a difference in opinion , the probate court decides . If one of them ceases to be involved , the other executors are to perform the duties of the office alone . The testator may give different directions .
=S=> BGB 2224. 2 Each executor is entitled , without the approval of the other executors , to take any measures that are necessary to preserve an object of the estate that is subject to their joint administration .
=U3= Sec2225 -- Section 2225 Expiry of the office of the executor
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=S=> BGB 2225 The office of the executor expires if he dies or if an event occurs which would render his appointment under section 2201 ineffective .
=U3= Sec2226 -- Section 2226 Notice of termination by the executor
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=S=> BGB 2226 The executor may give notice of termination of the office at any time . Notice is given by declaration to the probate court . The provision of section 671 ( 2 ) and ( 3 ) applies with the necessary modifications .
=U3= Sec2227 -- Section 2227 Dismissal of the executor
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=S=> BGB 2227 The probate court may , upon the application of one of the persons concerned , dismiss the executor if a compelling reason exists ; a compelling reason is , in particular , a gross breach of duty , or his incapacity to effect proper management .
=U3= Sec2228 -- Section 2228 Inspection of records
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=S=> BGB 2228 The probate court must permit any person who credibly establishes a legal interest to inspect the declarations made in accordance with section 2198 ( 1 ) sentence 2 , section 2199 ( 3 ) , section 2202 ( 2 ) and section 2226 sentence 2.
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