Do heirs agree on administrators of estates in Vietnam?

Do heirs agree on administrators of estates in Vietnam?

Pursuant to Article 616 of the 2015 Civil Code has the following provisions:

1. Administrator of an estate means the person who is appointed in the will or by agreement of the heirs.

2. Where a will fails to appoint, and the heirs have not yet appointed, an administrator, any person currently possessing, using or managing property within the estate at the time of the commencement of the inheritance shall continue its administration until the heirs have appointed an administrator.

3. Where an heir has not yet been determined and there is not yet an administrator of the estate as prescribed in Clauses 1 and 2 of this Article, the estate shall be administered by a competent authority.

Thus, if your father dies without appointing an administrator of the estate in Vietnam, then you and other heirs have the right to agree to appoint an administrator of the estate.

What are obligations of administrators of estates in Vietnam?

According to Clause 1, Article 617 of the 2015 Civil Code, an administrator of an estate as provided in Clauses 1 and 3 of article 616 of this Code has the following obligations:

a) Make a list of the property within the estate and collect any property belonging to the estate of the deceased which is possessed by others, unless otherwise provided by law;

b) Take care of the estate and do not sell, exchange, give, pledge, mortgage or otherwise dispose of property within the estate without the written consent of the heirs;

c) Notify the heirs of the estate;

d) Compensate for any damage if the administrator breaches any of its obligations, thereby causing damage;

dd) Deliver back the estate at the request of the heirs.

Best Regards!