Appointment of Executor of Estate

Is the court bound to accept the suggestion of an heir regarding the identity of an executor for the estate?

No! The court is not bound by suggestions for a particular individual, regardless of whether they come from an heir or another interested party. It is entitled to appoint an outsider, independent of any of the interested parties, and normally does so where there is conflict between the heirs, or the current executor cannot deal with them, and a replacement is needed.

Can an executor be appointed for a specific property?

No! The executor is for the whole estate .

Can an executor be appointed only in relation to the property a specific heir is to inherit from the estate?

No! The executor is appointed to manage the whole estate.

Who , if anyone, gives the executor of the estate instructions about how to manage the property in it?

The court, which has authority over the executor of the estate can only act subject to court instructions and supervision. He/she cannot just take initiative and act in the name of the heirs or interested parties .

Can one appeal against the appointment of an executor for the estate made by the court?

Yes!

How long is the appointment of a permanent executor?

If this is not stated in the order appointing him/her, it will be for a maximum of two years, although the court can extend this for special reasons, upon request by the executor him/herself.

Can the court appoint one of the heirs as executor?

Yes! There is nothing in the law to prevent an heir being appointed as executor.

Can the court appoint someone who does not live in Israel as executor of the estate?

No! A person living abroad cannot manage and supervision property in the estate efficiently. For the same reason someone appointed abroad to manage

the estate in a foreign order cannot be appointed to manage the estate in Israel.

Are there any advantages in appointing the General Guardian as executor of the estate?

Yes – he is not entitled to any fee for performing his duties, which saves money, and as he is exempt from many of the reports/accounts a normal executor of the estate has to make, this also saves time.

In what circumstances will the General Guardian become executor of the estate?

In a wide range of situations over which the court has discretion to appoint the General Guardian as such.

Are the chances of a lawyer being appointed executor of the estate by the court greater than those of a person lacking professional skills?

As a rule courts prefer to appoint someone with professional skills rather than one without them.

What happens when a permanent executor is appointed for the estate?

The temporary executor's appointment comes to an end.

Can an association, rather than a person, be executor of the estate?

Yes – an association formed according to all the legal requirements can be an executor of the estate, functioning under court supervision.

Do the heirs have to appoint an executor for the estate?

No! Appointment of an executor is optional, and not obligatory. The heirs can manage the estate themselves.

Will acts performed by the executor of the estate before he was officially appointed as such, but which were acceptable to the heirs, be valid?

Yes, provided they were in the estate's good.