Short answer. Yes — in the condition it was in when the testator died. Article 951 of the Civil Code requires that a bequeathed thing be delivered with all its accessories and in the condition it may be upon the death of the testator. What existed at death is what you receive.

What the law says

The thing bequeathed shall be delivered with all its accessories and accessories and in the condition in which it may be upon the death of the testator.

Civil Code, Article 951 — Delivery With Accessories. Read the full provision →

What Article 951 requires

Article 951 sets the standard for delivery of a bequest: the thing bequeathed shall be delivered with all its accessories and accessories and in the condition in which it may be upon the death of the testator. Two things follow from this. First, you receive the thing as it stood at the moment of death — not as it was when the will was written, and not as it was cleaned up or altered afterward. Second, the delivery includes all accessories belonging to the thing at the time of death. The executor or administrator of the estate cannot strip the item of its accompanying parts before handing it over.

What 'condition at death' means in practice

If the testator left you a vehicle that had a dent and a working engine at the time of death, that is what you are entitled to receive. If the condition deteriorated between death and delivery through no fault of an heir or administrator, the change does not give you a right to compensation — the standard is the condition at death, not some ideal condition. If, on the other hand, the estate or someone in charge of the property damaged it or removed its accessories after the testator died, that is a different situation, and the person responsible for the deterioration may be accountable.

Accessories go with the thing

The rule that accessories accompany the thing is not merely incidental — it is explicit in Article 951 and it matters whenever a bequest consists of something that ordinarily comes with attachments. A piece of equipment with its tools, a piece of land with its fences and fixtures, a piece of jewelry with its case and documentation — these go together. Someone administering the estate cannot lawfully keep the accessories while handing over the principal item. If accessories are missing at the time of delivery, you are entitled to ask why and, depending on the circumstances, to seek their equivalent value.

When the estate disputes the condition at death

Disagreements sometimes arise over what condition the property was actually in at the time of death, especially if months pass between death and settlement of the estate. Photographs, appraisals, and contemporaneous records are the most reliable evidence. If the thing has deteriorated while in the hands of the estate, or if accessories were sold off to pay estate costs without proper authority, the legatee may have a claim against those responsible for the administration. Documenting the state of the property promptly — as soon as the estate is opened — protects your interest as a legatee.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.