Short answer. You can request delivery from the administrator, but only if the court has authorized the administrator to deliver it. Otherwise, you must request delivery from the heir charged with the legacy. Article 953 of the Civil Code does not allow you to simply take the item on your own authority — self-help is not permitted.
What the law says
The legatee or devisee cannot take possession of the thing bequeathed upon his own authority, but shall request its delivery and possession of the heir charged with the legacy or devise, or of the executor or administrator of the estate should he be authorized by the court to deliver it.
Civil Code, Article 953 — No Self-Help Possession. Read the full provision →
No self-help for legatees
Article 953 of the Civil Code is explicit: a legatee or devisee cannot take possession of the thing bequeathed upon his own authority. Even if you are clearly named in the will and the bequest is unambiguous, you cannot walk in and take the item yourself. The estate settlement process must run its course. You must request delivery — the item does not automatically become yours to collect the moment the testator dies.
Who you request delivery from
Article 953 identifies two possible channels. First, you may request delivery from the heir charged with the legacy or devise — meaning the heir who, under the will or the law, has the obligation to turn the item over to you. Second, you may go to the executor or administrator of the estate, but only if the court has authorized the administrator to make that delivery. The key word is authorized. A court order or specific grant of power is required before the administrator can release items to legatees. Without that authorization, the administrator is not the right person to approach.
Why this process exists
Estate settlement exists to protect everyone with a claim on the estate — heirs, creditors, legatees, and the government through estate taxes. Items cannot be released piecemeal before the estate is assessed and debts are paid. A specific bequest may ultimately not be deliverable in full if the estate's debts consume the assets first, or if the item is needed to cover the legitime of a compulsory heir. The process ensures these competing interests are balanced before any distribution happens. Your patience as a legatee is part of what the law requires.
What to do as a legatee
If you are named as a legatee and the estate is being settled, make your claim formally in writing to whoever is managing the estate — the executor, administrator, or heir in charge. Keep copies of all correspondence. If delivery is being unreasonably delayed and the estate appears to be settled, you may need to file a motion in the probate court to compel delivery or to have the administrator specifically authorized to turn the item over to you. A lawyer familiar with estate proceedings can help you navigate the court process if informal requests are being ignored.