albacea

Albacea is a term used in civil law jurisdictions to designate the person appointed to administer the estate of a deceased person. In many Spanish- and Portuguese-speaking contexts, the albacea executes the instructions of the decedent’s will (albacea testamentario) or, in the absence of a will, administers the estate under court supervision. The office and duties are collectively known as the albaceazgo.

Appointment and scope: An albacea is named in the will or appointed by a court when there is no valid will or when the will appoints substitutes. The albacea’s authority is limited to the assets of the deceased and to actions permitted by law and by the will. The appointment may be for a single task or for the entire administration of the estate, including eventual distribution to heirs or beneficiaries.

Duties and responsibilities: The albacea must identify, inventory, and safeguard assets; notify creditors; pay debts, taxes, and administration costs; preserve property and business interests where necessary; file petitions for probate or equivalent proceedings; maintain accurate accounts; and distribute assets to beneficiaries according to the will or, if there is no will, according to applicable succession laws. The albacea represents the estate in legal matters and may need to post a bond or provide security in some jurisdictions.

Liability and termination: The albacea acts as a fiduciary and can be liable for mismanagement, errors, or breach of duties. Removal, resignation, or completion of duties terminates the office. Court supervision may continue for accounting and final settlement until all assets are distributed.