Who should be the executor of a will?

This is a position of great responsibility, and the executor must act on the testator’s behalf to ensure that the assets are allocated properly.

Posted on November 11, 2021 by Luisa Rollenhagen
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When someone chooses who the executor of their will should be, they are making a big decision that will affect their property, their loved ones, and the executor themselves. After all, the executor will be responsible for administering the directives of the testator’s will, working with the probate court to ensure that their assets are properly distributed, and that fiscally responsible decisions are made on behalf of the estate. This is a position of great responsibility, and the executor must act on the testator’s behalf to ensure that the assets are allocated properly.

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That’s why it’s so important to ensure that the potential executor is aware of all the responsibilities they’ll have to shoulder, and for the testator to be very deliberate about their choice. While many may choose to name their spouse, their child, or their next of kin, an executor can also be a friend or a distant relative. There are a few things to consider when choosing an executor:

  • Choose someone reliable. An executor will need to be organized, submit paperwork on time, be in contact with lawyers, beneficiaries, and accountants, organize the sale of real estate, and much more. It’s important that the testator chooses someone who can meet deadlines and keep track of responsibilities.
  • Consider someone who lives close by, and is able to attend court hearings if necessary.
  • Make sure they’re capable, aware of the responsibilities and burdens, and able to deal with multiple heirs and beneficiaries. Choosing someone who has historically gotten along badly with people who are to be named as beneficiaries won’t bode well for the probate process, for example.
  • Choose someone likely to outlive you.

The team at ClearEstate can help with all estate planning needs, from naming guardians of minor children to distributing assets to finding the right estate executor to work with the probate court. Give us a call today or visit us online to learn more.