Analysis Of Authority And Responsibility Of Estate Administrator

The Inheritance Part of the Civil Code of the People’s Republic of China complies with the call of society,for the first time stipulates the inheritance manager system,stipulates the selection method,responsibilities and rights of the inheritance manager,which is the cornerstone of the construction of the inheritance management system in our country.However,the administrator system also has drawbacks in terms of authority and responsibilities.The legal status of the administrator of the estate is unknown,the qualifications of the administrator of the litigation subject have not been determined,the administrator of the estate lacks the appearance of rights to manage the estate,and the circumstances of the termination of the duties of the administrator are not clear.The unclear authority of the estate administrator makes the procedures for the compilation of the estate list,the settlement of estate debts,and the public announcement of claims for claims also incomplete.Based on the theoretical analysis of the legacy administrator system and the extraterritorial investigation,the improvement of the regulations on the authority and responsibilities of the legacy administrator can start from the following aspects.First of all,clarify the independent legal status of the estate administrator,neither the agent of the heir nor the agent of the deceased.Clarifying the qualification of the legal subject of the estate administrator,it can Sue and respond to the lawsuit in its own name.Defining the appearance of the right given to the administrator by the notary office.Secondly,the time limit,content,reporting objects and objections of the inheritance list should be added,and the declaration procedure of creditor’s right announcement should be established to clarify the settlement procedure of inheritance debt.Finally,three situations of termination of estate management responsibilities are clarified.