The Legal Perfection of the System of Executors in Estate Management

Abstract

The newly added estate administrator system in the Civil Code holds significant importance in preventing improper estate management, resolving inheritance disputes, and protecting the interests of relevant parties. However, the general and principle-based nature of this system has posed challenges in judicial practice, revealing its shortcomings and inability to meet the needs of current legal relationships. Therefore, it has become an urgent task to supplement and modify this system. In order to improve the estate administrator system, several aspects can be considered for reflection and improvement. Firstly, it is necessary to clarify the independent legal status of estate administrators and have their rights granted by notary institutions. Secondly, provisions should be added regarding the entities responsible for compiling estate inventories, time limits, contents, reporting recipients, and handling objections. Additionally, establishing procedures for public notice and declaration of creditors' claims and specifying the procedures for debt settlement are crucial. Lastly, it is important to consider introducing provisions for terminating estate administrator duties in two specific situations.