The situation: Mrs. Dung died, leaving a will naming her second son as estate administrator — for a street-front house and two savings books — until distribution is complete. While waiting, the son rented out the house himself, pocketed VND 15 million a month in rent without telling his siblings, and refused to hand over the savings books on request. What can the other co-heirs do?
An “estate administrator” is a legal role distinct from “heir” — and its boundaries are drawn sharply in the Civil Code 2015.
1. Who is the estate administrator?
Article 616 of the Civil Code 2015 (No. 91/2015/QH13, in force as of 18 October 2026) sets three tiers in priority order:
- The person designated in the will — like the second son above;
- A person agreed upon by the co-heirs — where the will designates nobody;
- The person currently possessing, using or managing the estate, who continues managing — where the will designates nobody and the heirs have not yet agreed on someone.
Special case: if no heir has been identified and the estate has no administrator, it is managed by the competent state authority (Article 616(3)).
The key point: an estate administrator is not automatically the owner of the estate. The role is a temporary “custodian” pending distribution — with heavier duties than privileges.
2. Duties: what they may and may not do (Article 617)
For administrators designated in a will or agreed by the heirs (Article 616(1) and (3)), Article 617 lists the duties:
- Inventory the estate and recover estate assets held by others;
- Preserve the estate — and crucially: not sell, exchange, donate, pledge, mortgage or otherwise dispose of assets without the heirs’ written consent;
- Notify the heirs of the estate’s condition;
- Compensate for damage caused by breaching these duties;
- Hand over the estate at the heirs’ request.
Applied here: the second son’s renting out the house and keeping the rent is a disposition of the estate (exploiting its value) without the co-heirs’ written consent — a breach of the preservation duty. The siblings may demand he stop the lease, return the rent collected, and hand over the estate for distribution.
3. Rights of the administrator (Article 618)
It is not all duties — Article 618 grants matching rights:
- Represent the heirs in dealings with third parties regarding the estate (e.g., dealing with the bank over savings books, or tax authorities);
- Receive remuneration as agreed with the heirs — or a reasonable amount if no agreement is reached;
- Be reimbursed for preservation expenses (house repairs, management fees).
So the second son may claim reasonable remuneration and preservation costs from the co-heirs — but not unilaterally decide to lease the house and pocket the rent.
4. When the administrator breaches: legal tools
Co-heirs can proceed in stages:
- Written demand that the administrator stop the breach, report on the estate, and hand it over (based on Article 617 duties).
- Claim compensation for damage caused by the breach (e.g., underpriced leases causing loss, damaged property).
- Agree on a replacement administrator — an agreed administrator can be changed by a new agreement of the co-heirs.
- Sue in court for handover and damages; in serious cases (misappropriation), criminal liability for unlawful possession of property may be considered.
Note the limitation periods: 30 years for real estate, 10 years for movables from the opening of succession (Article 623) — but do not let disputes drag on, since a “frozen” estate gets harder to resolve over time.
5. Related: the right to renounce an inheritance
While awaiting distribution, a co-heir may wish to decline their share (for instance, where the share is attached to large debts). Article 620 allows renunciation: it must be in writing, sent to the other heirs, the distributor or the competent authority before the estate is divided and within six months of the opening of succession — except where the renunciation aims to evade the renouncer’s own property obligations.
Frequently asked questions
1. May the administrator sell part of the estate to cover funeral costs or the deceased’s debts?
Yes, but only with the heirs’ written consent (Article 617). The deceased’s property obligations are settled within the estate’s scope (Article 615), and the administrator executes this — but may not decide alone.
2. What if nobody agrees to be the administrator?
If the will designates nobody and the heirs cannot agree, the person currently possessing or using the estate keeps managing it (Article 616(2)). If there is no such person either, the competent state authority manages it. In practice, families should agree on an administrator early to avoid a management vacuum.
3. Must the estate administrator be an heir?
No. A will may designate anyone with capacity — even a non-family member (a lawyer, a trusted friend). But the designee must accept the role; nobody can be forced to serve as estate administrator against their will.
This article has been quality-reviewed by the FLAW AI Legal Council