Short answer. As your father's heirs, you must promptly notify the principal that your father has died. While waiting for the principal to appoint a new agent or take over personally, you must also adopt whatever protective measures the situation requires to safeguard the principal's interests.
What the law says
If the agent dies, his heirs must notify the principal thereof, and in the meantime adopt such measures as the circumstances may demand in the interest of the latter.
Civil Code, Article 1932 — An Agent's Heirs Must Notify the Principal of the Agent's Death. Read the full provision →
Two duties arise the moment the agent dies
Article 1932 of the Civil Code places two immediate obligations on the agent's heirs. First, you must notify the principal of your father's death. Second, while the principal is still uninformed or has not yet made alternative arrangements, you must adopt such measures as the circumstances may demand to protect his interests. These are not optional courtesies — they are legal duties that attach to you as heirs the moment your father passes.
What does 'adopt such measures' actually mean?
The law deliberately uses flexible language because every agency relationship is different. If your father was managing a business, safeguarding interest might mean ensuring payments are not missed or perishable goods are not lost. If he was holding documents for the principal, it means securing them. The standard is what the circumstances may demand — you are not expected to perform the agency yourself, but you must do what is reasonably necessary to prevent loss or harm until the principal can take control.
How long does this interim duty last?
The duty to protect the principal's interests is temporary and bridges the gap between your father's death and the moment the principal can act for himself or appoint a replacement. Once the principal is notified and has had a reasonable opportunity to respond, the extraordinary burden on the heirs diminishes. Your core obligation is notification; the protective measures are a stop-gap, not an ongoing responsibility to step into your father's role.
What this article does not require
Article 1932 does not turn you into a replacement agent. You are not expected to carry out the agency, sign documents in your father's name, or make business decisions on behalf of the principal. The obligation is narrower: notify and protect, not perform. If the principal wants someone to continue the work, he must take affirmative steps to appoint a new agent. If you go beyond what is strictly necessary to prevent loss and harm results, your own liability may be at issue.
Practical steps for the family right now
Notify the principal in writing as soon as possible and keep a copy of that notice. Gather and secure any documents, property, or funds your father held on the principal's behalf. Do not dispose of any of these without the principal's direction. If time-sensitive matters are pending — a contract about to lapse, goods at risk of spoilage — contact the principal immediately and document every step you take. A lawyer can help you assess what specific measures your father's particular agency arrangement requires.