The liquidator (formerly called the estate or testamentary executor)
is the person named to oversee the settlement of your estate. The
liquidator's powers last as long as needed to carry out his or her
tasks, which mainly involves locating your last will, having it probated
if necessary, taking an inventory of your property, paying any debts
owed by the estate, distributing your property, and publishing a notice
of closure of inventory with the Register of Personal and Movable
Real Rights as well as in a newspaper circulated in the locality where
you resided at the time of death.
You may choose a family member, a close friend, or a specialist
such as a trust company to act as your liquidator. You can and should
also designate a replacement in case the first person appointed
is unable or unwilling to carry out the task. Indeed, no one except
the sole heir is obliged to accept this responsibility.
If you do not appoint a liquidator, all of your heirs will play
this role. The group may assign specific functions to certain members
or select a liquidator by mutual agreement. If the heirs cannot
agree, the court may designate a liquidator upon the request of
an interested party.
If the liquidator is not one of your heirs, it is wise to provide
for compensation. If there is no compensation clause in the will,
the liquidator will only be entitled to reimbursement of expenses
incurred in fulfilling his or her responsibilities.