GermanyWhat is the role of an executor (Testamentsvollstrecker)?
An executor (Testamentsvollstrecker) is a person appointed by will to manage and distribute the estate according to the testator’s instructions and in the beneficiaries’ best interests.
What the Law Says
Under German law, the testator has full autonomy to appoint one or more executors to carry out their final wishes and safeguard the estate. The executor acts independently from heirs but owes strict fiduciary obligations.
The appointment is made solely by testamentary disposition — not by court order or agreement. It takes effect upon the testator’s death and the executor’s acceptance of the office.
The testator may also name a substitute executor in case the first appointee declines, dies, or becomes incapacitated before or after accepting the role.
Unlike heirs, the executor does not acquire ownership of estate assets. Instead, they hold and administer them temporarily, with authority to sell, invest, settle debts, and distribute legacies — all subject to statutory limits and beneficiary oversight.
Statutory Text(1) Der Erblasser kann durch Testament einen oder mehrere Testamentsvollstrecker ernennen.
— BGB § 2197 — Appointment of executor
Statutory Text(2) Der Erblasser kann für den Fall, dass der ernannte Testamentsvollstrecker vor oder nach der Annahme des Amts wegfällt, einen anderen Testamentsvollstrecker ernennen.
— BGB § 2197 — Appointment of executor
What Courts Have Said
German courts emphasize that executors are held to a high standard of care and loyalty — breaches can trigger personal financial liability.
Executor's liability for estate mismanagement. The executor (Testamentsvollstrecker) has a fiduciary duty to manage the estate in the interests of all beneficiaries. Breach of this duty — such as self-dealing or negligent investment — gives rise to personal liability for damages.
What to Do
Name your executor clearly in your will — include full name and contact details.
Specify whether substitute executors are appointed and under what conditions.
Consider granting or limiting specific powers (e.g., to sell real property or manage investments).
Inform your chosen executor in advance so they can decide whether to accept the role.
Sources
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US-New YorkNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.