Colin Wong
An executor carries out the wishes in your will. Here is what to weigh up when you pick one.
An executor handles the legal and financial side of your estate after you die. They gather up what you owned, pay any debts, and pass on what is left to the people named in your will. In some states the role is called personal representative.
Who is allowed to serve
Each state sets its own rules. In most states an executor has to be at least 18 and of sound mind, and many states will not appoint somebody with a felony conviction.
Where your executor lives matters more in the US than people expect. Many probate courts prefer an executor who lives in the state, and some require it. Where a state does allow an out of state executor, it may ask them to post a bond, name somebody in the state to receive legal papers, or serve alongside a co-executor. A few states allow it only where the person is a close relative. Check what your state requires before you settle on anyone.
What to look for
Trustworthiness
Most people choose someone they trust completely. The role involves money, paperwork, and decisions made when nobody is looking over their shoulder. Naming somebody who also inherits under the will is allowed, and it is common.
Organization
Managing an estate means keeping track of documents, deadlines, and conversations with banks, courts, and beneficiaries.
Willingness
The job takes time, particularly where there is property to sell or a long list of beneficiaries. Nobody is obliged to accept, and a named executor can decline when the time comes. A conversation now saves everybody trouble later.
Name a backup
Most wills name an alternate executor alongside a first choice. People move, get ill, or simply decide against it. Where there is no alternate and the first choice cannot serve, the court appoints somebody instead, and that may not be who you would have picked.
Professional executors
Some people cannot find anyone suitable who is also eligible to serve. There are professional options:
A corporate trustee or trust company
An estate planning or probate attorney
A licensed fiduciary or accountant
A professional brings experience of administering estates, and no family history to navigate. They charge for the work, and the fee comes out of the estate, so it is worth asking what it would cost before you name one. Family members often do not charge, though they are usually entitled to.
Taking the next step
You can name your executor when you write your will online with EveryWill, and it costs you nothing. Charities cover the cost, and you can choose to leave a gift to one if it feels right.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws vary by state. For advice specific to your situation, please consult a licensed attorney in your state.