How is an executor (Testamentsvollstrecker) appointed?

The testator names them in the will under § 2197 BGB, or authorises the probate court or a third party to designate one. The appointee is not obliged to accept — they declare acceptance to the probate court and then obtain a Testamentsvollstreckerzeugnis (executor's certificate) under §§ 2202 and 2368 BGB, which proves their authority to banks and third parties.

What can an executor actually do?

Under § 2205 BGB, the executor takes possession of the estate, administers it, and may dispose of estate assets within the scope of proper administration — including selling property where necessary to fulfil the testator's arrangements.

What happens to the heirs' own powers?

§ 2211 BGB removes the heirs' power to dispose of the assets under the executor's administration for as long as the executorship lasts. This is precisely the mechanism that ends the paralysis a community of heirs otherwise suffers under § 2040 BGB, since decisions no longer require every heir's agreement.

What must an executor deliver to the heirs?

Without undue delay, a Nachlassverzeichnis — an inventory of the estate — under § 2215 BGB. On top of that, § 2218 BGB requires ongoing information and, on request, an annual accounting of the administration.

Is an executor personally liable?

Yes. § 2219 BGB makes an executor personally liable to the heirs for damage caused by a culpable breach of their duties — which is why diligent documentation is bought on risk grounds, not convenience.

Does an executor work for free?

No. § 2221 BGB entitles the executor to appropriate remuneration, in practice often calculated with reference to the estate's value along guidelines such as the Neue Rheinische Tabelle, though the testator may also fix the fee in the will.

When does it make sense to appoint a professional executor?

Typically when the estate is large or complex, when the heirs are unlikely to cooperate — several children from different relationships, an existing family conflict — when a business needs continuity, or when a vulnerable heir such as a minor or a person with a disability needs long-term protection from Dauervollstreckung under §§ 2209–2210 BGB, which can run for up to 30 years.

Guide

Executor in Germany: powers, duties, and liability

A Testamentsvollstrecker is the one legal instrument that can dissolve the paralysis of a community of heirs. This guide covers how one is appointed, what powers they hold, what duties bind them, and when appointing one is worth doing.

By The Erbnis editorsPublished 1 September 2026Updated 1 September 20266 min read

Key takeaways

An executor is appointed by the testator in the will (§ 2197 BGB), accepts by declaration to the probate court, and proves authority with a Testamentsvollstreckerzeugnis (§§ 2202, 2368 BGB).
§ 2205 BGB lets the executor take possession of, administer and dispose of the estate.
§ 2211 BGB removes the heirs' own power of disposal — the exact antidote to a blocked community of heirs.
§ 2215 BGB requires an inventory to the heirs without undue delay; § 2218 BGB requires ongoing accounting.
§ 2219 BGB makes the executor personally liable for culpable breach of duty; § 2221 BGB entitles them to appropriate remuneration.

Appointment and acceptance

A testator names an executor directly in the will under § 2197 BGB, or authorises the probate court or a third party to designate one afterwards. Being named does not create an obligation: the appointee decides whether to accept, and does so by declaration to the probate court. Once accepted, the executor obtains a Testamentsvollstreckerzeugnis (executor's certificate) under §§ 2202 and 2368 BGB — the document banks, land registries and third parties actually rely on as proof of authority.

What the role actually allows

Under § 2205 BGB, the executor takes possession of the estate, administers it, and may dispose of estate assets to the extent that proper administration requires — including selling property where the testator's arrangements make that necessary. This is a genuinely wide authority, and it is precisely why the role can substitute for the heirs' own agreement.

§ 2211 BGB: what it does to the heirs

This is the section that makes an executor worth appointing in the first place. While the executorship runs, the heirs lose their own power to dispose of the assets under administration. As explained in our guide to the community of heirs, § 2040 BGB otherwise requires every co-heir to agree before any estate asset can be sold or mortgaged — a rule that reliably produces years of deadlock. § 2211 replaces that requirement with a single, accountable decision-maker, without needing the heirs to agree on anything at all.

The inventory and accounting duties

§ 2215 BGB obliges the executor to hand the heirs an inventory (Nachlassverzeichnis) of the estate without undue delay after accepting the role. Beyond that, § 2216 BGB requires proper administration, and § 2218 BGB requires the executor to keep the heirs informed and, on request, to render an accounting — in practice, typically annually for a longer-running administration.

§ 2219 BGB: personal liability

An executor is not shielded by the estate. § 2219 BGB makes them personally liable to the heirs for damage caused by a culpable breach of duty — a wrong valuation, a missed deadline, an undocumented decision. This is the reason diligent record-keeping is bought by professional executors on risk grounds, not merely convenience: it is evidence of having acted properly if a decision is later challenged.

§ 2221 BGB: remuneration

The role is not unpaid. § 2221 BGB entitles the executor to appropriate remuneration. In practice, fees are often calculated with reference to guidance such as the Neue Rheinische Tabelle, scaled to the estate's value, though a testator may also fix the fee directly in the will to avoid later disputes over what is "appropriate."

Winding-up versus long-term administration

Many executorships are a short wind-up: gather the assets, settle debts, distribute the estate, and close the role within a matter of months. Others are deliberately long-running — Dauervollstreckung under §§ 2209–2210 BGB can be ordered for up to 30 years, typically to protect a minor heir, manage a family business, or keep an inheritance from being dissipated quickly. The two forms call for very different skills and very different fee structures.

When to appoint a professional

A trusted family member can serve as executor for a straightforward estate. A professional — a Fachanwalt für Erbrecht, a certified executor (AGT), or a specialised notary or tax adviser — is usually worth the fee once the estate is large or complex, the heirs are unlikely to cooperate, a business needs continuity, or a vulnerable heir needs protection over many years. The personal liability under § 2219 BGB is exactly why professionals in this role tend to insist on thorough documentation from day one.