Powers of Executor

What powers does the executor of the estate have?

To do everything necessary to fulfil his role/task.

Does the executor of the estate have any special powers in relation to a farm, business or workshop?

No! An executor of the estate cannot, on his own initiative, transfer a farm, business or workshop. Court approval is needed for these acts.

Can an executor of the estate take initiative and mortgage a farm or business in favour of a third party?

No! Transactions, including mortgages, relating to farms or businesses need court approval.

Can an executor of the estate take the initiative and divide a farm or industrial or commercial enterprise in favour of a certain party?

No! Court approval is needed.

Can an executor handling the estate close down or liquidate an agricultural or commercial enterprise on his/her own initiative?

No! An executor of the estate has no power to close down or liquidate one of these enterprises without permission of the court beforehand.

Can an executor of the estate transfer or mortgage a residential apartment in favour of a particular party?

No!

Can an executor of the estate let an apartment if the property is protected?

No! While the executor of the estate does not need approval for letting an ordinary residential apartment, where the tenancy is protected, court approval is necessary.

Can the executor of the estate carry out any deed the validity of which depends on registration in books of property rights?

Not unless he/she has the approval of court for the registration of the rights.

Can the executor put down property from the estate as security?

No , unless there is court approval for this.

Can the court give conditions in the order appointing the executor that its own approval is needed for a certain activity not covered by law?

Yes! The court is able to relate to activities and deeds not covered by law and set conditions regarding these.

Can the court take into consideration the wishes of heirs when it is deciding whether to approve the sale of property in the estate?

Yes!

Is the executor of the estate entitled to use the family home as security without the court's approval, if the testator so instructed?

No! Court permission is still needed.

Can the executor of the estate who is a layman pass over a particular deed needed to manage the estate to someone else with more expertise?

He cannot appoint someone to carry out estate management deeds instead of him, but he is allowed to obtain the assistance of professionals such as lawyers and accountants.

Which court can authorize the executor's actions re the management of the estate?

The family court, unless all those concerned agreed that a religious court can have jurisdiction instead.

What force does a deed authorized by the court have in relation to the management of the estate?

It must be carried out perfectly.