Following the death of an entrepreneur, the business may continue to operate — until inheritance matters are formally settled — under the management of a successor administrator. But does the person holding this role bear personal liability toward third parties for the obligations related to the inherited business?
A successor administrator may be appointed during the entrepreneur’s lifetime or, after their passing, by the heirs. Once appointed, the administrator continues the deceased’s business activity, acting in their own name but on behalf of the business's beneficiaries — i.e., the heirs and legatees. The administrator independently makes all decisions related to the day-to-day management of the inherited business, including incurring obligations and acquiring rights. For matters exceeding ordinary course of business, the administrator must obtain the heirs’ consent.
Managing an inherited business comes with responsibilities. However, as a rule, the successor administrator is not personally liable to third parties for obligations incurred in connection with the operation of the inherited enterprise.
Gazeta Prawna, October 24, 2023 – authored by Legal Counsel Agata Okorowska
English 
Polish