Does an Executor Need Official Proof of Their Appointment?

Yes. After accepting the appointment, the executor can obtain an executor’s certificate. This document serves as proof to banks, authorities, and other parties that the executor is authorised to manage and administer the estate.

Is an Executor Entitled to Remuneration?

Yes. Under Swiss inheritance law, an executor is generally entitled to reasonable remuneration. The amount depends, among other factors, on the size of the estate, the complexity of the case, and the amount of work involved.

Can an Heir Be an Executor?

Yes, in principle. However, many testators deliberately choose a neutral person in order to avoid conflicts of interest and strengthen trust among all parties involved. This can make estate administration easier, particularly where there is a substantial estate or several heirs.

How Much Does an Executor Cost?

Under Swiss inheritance law, an executor is generally entitled to reasonable remuneration. The amount depends on factors including the size of the estate, the complexity of the case, and the time required to perform the executor’s duties. There is therefore no fixed standard fee.

What Is an Executor in Switzerland?

Q: Can an Executor Decline the Appointment?

Yes. A person appointed by the testator is not obliged to accept the role. For this reason, it is advisable to discuss the appointment with the intended executor during the testator’s lifetime. A substitute executor can also be appointed in case the first choice declines the role.

What Is an Executor?

Was ist ein Willensvoll- strecker?

An executor is responsible for carrying out the testator’s final wishes and administering the estate until it is distributed among the heirs. The executor may be a family member, an heir, or a neutral third party, such as a lawyer. What matters most is that the testator trusts this person and that they are willing to take on the role.

Appointing an executor is voluntary. However, it can be particularly useful if the estate is complex, several heirs are involved, or the testator wants to ensure that their instructions are implemented independently and correctly. At the same time, appointing an executor can help prevent conflicts within the community of heirs and make the administration of the estate easier.

What Are the Responsibilities of an Executor?

Welche Aufgaben übernimmt ein Willens- vollstrecker?

The executor is responsible for ensuring that the testator’s final wishes are properly carried out. They act independently and in accordance with the instructions set out in the will or inheritance agreement, as well as with the applicable legal requirements.

Managing the Estate
After the testator’s death, the executor first obtains an overview of the estate. They secure assets, manage bank accounts and real estate, and ensure that the estate is preserved until it is distributed among the heirs.

Settling Ongoing Obligations
The executor is also responsible for paying outstanding bills and handling the necessary formalities. Depending on the circumstances, this may include cancelling insurance policies, dealing with tax matters, or arranging for assets to be revalued.

Carrying Out the Testator’s Final Wishes
If the testator has made specific bequests or left instructions regarding the distribution of their assets, the executor ensures that these wishes are implemented. In doing so, the executor does not act in their own interests or in the interests of individual heirs, but in accordance with the testator’s wishes and the applicable law.

Preparing the Distribution of the Estate
Once all obligations have been fulfilled, the executor prepares the estate for distribution. They determine the exact composition and value of the estate, prepare a proposed distribution, and ensure that the assets are allocated among the heirs in accordance with the provisions of the will or the applicable statutory rules.

Zwei Geschäftsleute, eine Frau und ein Mann, sitzen sich an einem langen Holztisch in einem Konferenzraum gegenüber, mit einem Laptop, Notizbüchern und Kaffeebechern vor sich, während sie sich unterhalten.

When Is Appointing an Executor Advisable?

Wann ist eine Willensvoll- streckung sinnvoll?

Not every estate requires an executor. However, appointing one can be particularly useful where there are many heirs or minor heirs, where the estate includes real estate or shares in a company, or where the testator wants to ensure that their final wishes are carried out reliably.

How Is an Executor Appointed?

Wie wird ein Willensvoll- strecker eingesetzt?

An executor must be expressly appointed by the testator in a will or inheritance agreement. Following the testator’s death, the competent authority informs the appointed person of their nomination, and that person can then decide whether to accept the role.

It is advisable to discuss the appointment with the intended executor during the testator’s lifetime. This helps avoid a situation in which the person later declines the appointment. A substitute executor can also be named in case the first choice is unwilling or unable to take on the role.

Zwei Personen sitzen an einem Holztisch, eine davon schreibt mit einem Stift auf einem geöffneten gelben Dokumentenordner.

Why Do Many Testators Choose a Neutral Executor?

Warum entscheiden sich viele Erblasser für einen neutralen Willensvoll- strecker?

In principle, an heir may also act as executor. In practice, however, a neutral person is often chosen because this can help avoid conflicts and increase trust among everyone involved.

Particularly in the case of larger estates, an independent executor can make decisions objectively and facilitate communication between the heirs.

Eine rechte Hand mit einem goldenen Siegelring hält ein Dokument auf einem Tisch, während die linke Hand mit einem blauen Stift darauf schreibt.

Support with Executorship and Estate Administration

Unterstützung bei Ihrer Willensvoll- streckung

Executorship involves far more than simply managing an estate. It can provide clarity at a time when family members are often dealing with grief as well as difficult decisions.

As a commercial law firm, Jost & Partners assists testators with estate planning and supports executors and heirs with all legal matters relating to estate administration and distribution in Switzerland. Whether you need assistance drafting testamentary instructions, appointing or acting as an executor, or handling a complex estate, we develop solutions that meet both the legal requirements and the personal wishes of our clients.

This gives you confidence that your final wishes will be carried out reliably while relieving your family of as much administrative and legal burden as possible during an already difficult time.

What Is an Executor in Switzerland and When Do You Need One?