Succession Law, 5725-1965

At any time after the death of the deceased and as long as an estate administrator has not been appointed, the court may, upon the application of an interested party or on its own initiative, take such measures as it sees fit for the preservation of the estate or for the preservation of rights in the estate, including a temporary stay of dealings in the assets of the estate, the making of an order for the sale of perishable assets in the estate, and the appointment of a temporary estate administrator.

An estate administrator may be an individual, a corporation, or the General Guardian.

No person shall be appointed as estate administrator unless that person has notified the court or the Registrar for Inheritance Matters, as the case may be, of his consent thereto.

Where the deceased has specified in his will a person to execute his will or to administer his estate, the court or the Registrar for Inheritance Matters, as the case may be, shall appoint that person as estate administrator, unless he is unable or unwilling to accept the appointment, or unless the court or the Registrar for Inheritance Matters is satisfied, for special reasons that shall be recorded, that there are special reasons not to appoint him.

Where an estate administrator has been appointed under section 78(b) or under section 81, the proceedings under this Chapter shall continue in court.

An estate administrator is obliged, subject to the directions of the court, to collect the assets of the estate, to administer the estate, to discharge the debts of the estate, to distribute the remainder of the estate among the heirs in accordance with a succession order or a probated will, and to do any other thing necessary for the implementation of a succession order or a probated will.

The court may, at any time, upon the application of an interested party or on its own initiative, give the estate administrator directions on any matter relating to the performance of his functions.

The court may direct —

Estate funds that are not required for the current administrative needs of the estate must be held or invested by the estate administrator as required for the preservation of the principal and the securing of income; the Minister of Justice may prescribe by Regulations methods of investing estate funds that shall be mandatory for an estate administrator.

An estate administrator is liable for damage caused by him as a result of a breach of his duty as estate administrator; the court may exempt him from his liability, in whole or in part, if he acted in good faith and intended to perform his functions; an estate administrator does not bear liability if he acted in good faith in accordance with the directions of the court.

A security given pursuant to section 89 shall be given in favour of the heirs, and they are empowered to act towards its realisation in accordance with the directions of the court; in the cases enumerated in the Second Schedule, the General Guardian may, at the request of one or more heirs, represent the heirs in all matters relating to the realisation of the security if the General Guardian or the court has found that, in the circumstances of the matter, there is a need for this.

The court may award an estate administrator remuneration in accordance with rules prescribed by the Minister of Justice in regulations.

Where the court or the Registrar of Inheritance Affairs has appointed two or more estate administrators, the following provisions shall apply, unless the court has directed otherwise:

An act of an estate administrator that requires consent or approval pursuant to section 93(2) shall be valid even in the absence of such consent or approval if it was done towards a person who did not know and was not required to know that it required consent or approval.

Where the testator has given directions in his will concerning a matter that is under this Section subject to the discretion of the court, the court shall act in accordance with those directions, unless it is satisfied, for reasons that shall be recorded, that there were special reasons to depart from them.

Where the General Guardian has been appointed as estate administrator, the provisions of sections 80 and 84 to 91 shall not apply.

The estate administrator is empowered to do all that is necessary for the fulfilment of his duties; the following acts he is not empowered to do without the prior approval of the court:

The estate administrator may demand that the assets of the estate be delivered to him and that debts due to the testator be discharged to him, and his authority in this regard is as that of the testator.

A debt of the testator's debts that was secured on the eve of his death — the provisions of this Law shall not affect its collection from the security.

A debt of the testator's debts whose time of repayment has not yet arrived and a conditional debt — the court may, if it sees cause for this, direct that it be secured or discharged as it shall prescribe, even before the time of repayment or before the condition has been fulfilled.

The expenses of administering the estate, including the remuneration of the estate administrator, shall be borne by the estate unless the court has directed that they shall be borne, in whole or in part, by another party.

If it becomes apparent that the estate does not suffice for the discharge of all estate debts, the estate administrator must submit an application for the making of an order for the administration of the estate in bankruptcy under the bankruptcy laws, unless the court has directed another manner of winding up the estate.