the successors fail to do so, all of the successors are co-administrators. Where there is no successor or where
all of the successors disclaim inheritance, the civil a airs department or the villagers’ commi ee in the place
where the decedent was domiciled at the me of his death shall serve as the administrator.
Ar cle 1146 Where a dispute arises over the determina on of an administrator, any interested person may
request the people’s court to appoint an administrator.
Ar cle 1147 An estate administrator shall perform the following du es:
(1) verifying and making an inventory of the estate;
(2) repor ng to the successors about the inventory of the estate;
(3) taking necessary measures to prevent the estate from being destructed, damaged, or lost;
(4) clearing the decedent’s claims and debts;
(5) par oning the estate in accordance with the will, or in accordance with law; and
(6) performing any other act necessary for managing the estate.
Ar cle 1148 An estate administrator shall perform his du es in accordance with law, and shall bear civil
liability if any successor, donee-by-will, or creditor of the decedent su ers damage caused by his inten onal
act or gross negligence.
Ar cle 1149 An estate administrator may receive remunera on in accordance with law or based upon
agreement.
Ar cle 1150 Upon opening of the succession, a successor who has knowledge of the death of the decedent
shall no fy the other successors and the executor of the will in a mely manner. Where none of the
successors knows about the death of the decedent or is able to make the no ca on upon learning of the
death of the decedent, the organiza on to which the decedent was employed at the me of his death, or the
urban residents’ commi ee or the villagers’ commi ee in the place where the decedent was domiciled at
the me of his death shall make the no ca on.
Ar cle 1151 Anyone who has in his possession the property of a decedent shall properly keep such property,
and no organiza on or individual may misappropriate or contend for it.
Ar cle 1152 Where, a er a succession opens, a successor who has not disclaimed inheritance dies before
the estate is par oned, the share that he should have inherited shall be inherited by his successors, unless
otherwise provided in the will.
Ar cle 1153 When par oning an estate, where community property of husband and wife is involved, unless
otherwise agreed upon, half of the community property shall be allocated rst to the surviving spouse as
separate property, while the remaining property shall be part of the decedent’s estate.
When par oning an estate, where the decedent’s estate is a por on of common property of the family, the
por on of the property belonging to the other family members shall rst be separated from the decedent’s
estate.
Ar cle 1154 Under any of the following circumstances, the a ected por on of an estate shall be disposed of
as in an intestate succession:
(1) where a successor designated in a will or a donee-by-will disclaims the inheritance or gi ;
(2) where a testamentary successor is disinherited or a donee-by-will is disquali ed as such;
(3) where a testamentary successor predeceases the testator, or a donee-by-will predeceases the testator or
is terminated prior to the decedent’s death;
(4) where a part of a will a ec ng a por on of the estate is invalidated; or
(5) where a por on of the estate is not disposed of by the will.
Ar cle 1155 When par
oning an estate, a share shall be reserved for a fetus. If the fetus is s llborn, the
ti
ti
tt
ft
ti
ti
fi
fi
ti
fi
ti
ff
fi
ti
ti
ti
ff
ti
ti
ti
ff
tt
ti
ti
fi
ti
ti
ti
ti
ff
tt
ti
ti
ti
ti
ft
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
ti
124
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents