Acceptance or refusal of the office of liquidator

Responsibility: Department of Justice

The liquidator may accept or decline the responsibilities entrusted to him.

Acceptance is valid only if it takes place after the death of the person.

The refusal can be done in writing with the help of a notary or a lawyer.

There is no specific time limit for accepting or renouncing the office of liquidator. However, a reasonable period of time must be observed
(between 1 and 6 months).

To be valid, the acceptance of the office of liquidator (formerly executor) must be made after the death of the testator.

Thus, even if a person has agreed to be appointed liquidator in another person's will, he or she may refuse to accept the office following the death of the testator. He or she is obliged to accept only if he or she is the sole heir.
Liquidator of an estate: appointment or replacement

In addition, a person who has accepted the office of liquidator may later renounce it for good cause. However, he or she is liable for the prejudice caused to the heirs by his or her resignation if it :

• is given without a serious reason and at an inopportune time
• amounts to a breach of duty.

The appointment of the liquidator of the succession must be published in the Register of Personal and Movable Real Rights and, if a property is involved in the succession, in the Land Register.

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